Patna High Court

Shushil Sahni @ GorkaversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Shushil Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 432 litres of liquor from a jungle. He argued that no liquor was found in his possession, the alleged site did not belong to him, and the case was based on secret information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If the petitioner is found to have more than three prior excise cases, the bail will not be confirmed; otherwise, it will be confirmed. The order is subject to Section 482(2) of the BNSS and pending verification by the trial court.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.

Subjects

anticipatory bail
excise law
Section 30
criminal antecedent
provisional bail
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79665 of 2025
                     Arising Out of PS. Case No.-133 Year-2025 Thana- KALUAHI District- Madhubani
                 ======================================================
                 Shushil Sahni @ Gorka Son of Late Parmeshwar Sahni R/o Village- Narar
                 Uttar, Ward No. 06, P.S.- Kaluahi, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kusum Rani, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the excise act and

                   allegation is of recovery of 432 liters of liquor from a jungle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be

                   implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.79665 of 2025(3) dt.19-01-2026
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          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Kaluahi

          P.S. Case No. 133 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.79665 of 2025(3) dt.19-01-2026
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                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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