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Patna High Court

Ganesh SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to a bail bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Ganesh Sahni, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 30(c) and 32(3) of the Bihar Excise Act relating to the recovery of 110 litres of liquor and 690 litres of fermented Jawa Mahua from the house of his brother‑in‑law, Pradeep Sahni. The petitioner argued that the seized liquor was not in his possession, the premises did not belong to him, and the FIR omitted the name of the informant, casting doubt on the prosecution’s case. The State opposed the bail, contending that the offences were serious. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
  • Whether the lack of recovery from the petitioner’s conscious possession and the omission of the informant’s name in the FIR affect the grant of bail.
  • Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84643 of 2025
                     Arising Out of PS. Case No.-156 Year-2025 Thana- EXCISE MANJHAUL District-
                                                        Begusarai
                 ======================================================
                 Ganesh Sahni S/O Anup sahni R/O Village - Goriyari, ward no.- 27, P.S-
                 Bakhri, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivam Prerna, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   30(c) and 32(3) of the Bihar Excise Act.

                                Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the excise act and

                   allegation is of recovery of 110 liters of liquor from house of

                   Pradeep Sahni and 690 liters of fermented Jawa Mahua which

                   was destroyed.

                                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
Patna High Court CR. MISC. No.84643 of 2025(3) dt.19-01-2026
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          recovery is from a place which does not belong to the petitioner,

          but then, he came to be implicated since he is brother-in-law of

          Pradeep Sahni, at the instance of local person, but then the name

          of the person who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution.

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

          anticipatory bail of the petitioner.

                       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.

          10,000/- (Rupees Ten 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 Manjhaul

          Excise P.S. Case No. 156 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       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

          two cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.84643 of 2025(3) dt.19-01-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      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 two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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