Created by Fuzzy Cloud

Patna High Court

Mukesh SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to bail bond conditions and verification of antecedents.

Summary

Mukesh Sahni sought anticipatory bail after the police alleged that liquor was recovered from his straw house in violation of Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was not arrested on the spot, no liquor was found in his immediate possession, and that the straw house is a communal area, making the allegation unreliable. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail may be revoked; if only one prior case is found, the bail will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the trial court must verify the petitioner’s criminal antecedents before confirming the bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • Section 30
  • Section 482
  • criminal antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88814 of 2025
                   Arising Out of PS. Case No.-281 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
                 Mukesh Sahni S/O Tuntun Sahni Resident of Village- Kalwara, Sahni Tola,
                 P.S- Singhwara, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurav Anand
                 For the Opposite Party/s :      Ms. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 336.92 litres of liquor from straw

                   house of the petitioner along with 54.9 litres of liquor from the

                   house of Ram Chandra Sahni.                  It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and straw house is a

                   place outside the house and thus is accessible to villagers at

                   large. It is next submitted that no prudent person would use his
Patna High Court CR. MISC. No.88814 of 2025(2) dt.05-01-2026
                                            2/3




          own premises for committing an occurrence and thus would

          create evidence against himself and hence would get implicated.

          It is next submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       5. 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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (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

          Singhwara P.S. Case No.281/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.88814 of 2025(2) dt.05-01-2026
                                                         3/3




                       concealed his antecedent before this court, as such, the

                       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)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.