Patna High Court
Ganesh SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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