Patna High Court
Sikender Sahani @ Sikendra Sahani @ Sakindra SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Sikender Sahani, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(A) of the Excise Act alleging recovery of 122.7 litres of liquor from his joint family house. The petitioner argued that he was not arrested, the liquor was not in his conscious possession, and the house being joint family property made it uncertain that he had knowledge or control over the liquor. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The application was allowed conditionally.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(A) of the Excise Act.
- Whether the absence of arrest and the fact that the alleged liquor was located in a joint family house affect the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(A)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- joint family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83674 of 2025
Arising Out of PS. Case No.-357 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
Sikender Sahani @ Sikendra Sahani @ Sakindra Sahani S/o Late Jaylal Sahni
Resident of Village- Sadhwara, P.O.- Sarwara, P.S.- Simri, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Jyoti Kumari
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(A) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 122.7 litres of liquor from the house of the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.83674 of 2025(2) dt.05-01-2026
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with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
knowledge and he came to be implicated at the instance of local
person, but the name of the person, who disclosed the name of
the petitioner is not disclosed in the F.I.R., which casts an
aspersion on the case of the prosecution.
5. Learned A.P.P. Sri Rabindra Kumar opposes the
anticipatory bail application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five 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 Darbhanga Sadar Excise P. S. Case No.357 of 2025,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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