Patna High Court
Ramnath Sahani @ Ramanath SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Ramnath Sahani, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 300 litres of liquor and 800 litres of semi‑prepared liquor from a river bank. He argued that he was not arrested at the spot, had no conscious possession, and that the alleged recovery occurred on public land, casting doubt on the prosecution's case. The petitioner, who has four prior excise cases, sought anticipatory bail, while the State opposed the relief. The Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and ordered verification of the petitioner’s criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition Act
- criminal antecedent
- Section 30(a)
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89881 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Ramnath Sahani @ Ramanath Sahani Son of Late Bhoj Sahani Resident of
village -Tikuliya P.S-Muffasil, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 300 litres of liquor from the bank of
a river along with 800 litres of semi prepared liquor which was
destroyed at the spot.
4. 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 alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
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petitioner came to be implicated at the instance of the 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. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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, let 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.20,000/- (Rupees Twenty 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
Chiraiya P.S. Case No. 370 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
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court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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