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Patna High Court

Suresh SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.

Summary

The petitioner, Suresh Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 37 litres of liquor from a bush near land belonging to others. He argued that he was not arrested at the spot, no liquor was found in his possession, and the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the BNSS. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
  • Whether the lack of seizure of liquor from the petitioner’s possession and the role of the chowkidar affect the merits of the bail application

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • high court
  • bail conditions
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90410 of 2025
                 Arising Out of PS. Case No.-211 Year-2025 Thana- Gadhiya Bazar District- East Champaran
                 ======================================================
                 Suresh Sahani Son of Badri Sahani Resident of Village - Koilhara, Police
                 Station - Gadahiya Bazar, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anil Kumar
                 For the Opposite Party/s :        Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 37 litres of liquor from a bush near

                   plot of Ramchandra Sahani and Guddu Sahani.

                             4.    Learned counsel for the petitioner submits that the

                   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 belongs to the

                   petitioner and is accessible to villagers at large and he came to
Patna High Court CR. MISC. No.90410 of 2025(2) dt.08-01-2026
                                            2/3




          be implicated at the instance of Chowkidar but then it is

          submitted that if the Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   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, 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.

          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 Gadahiya

          Bazar P.S. Case No. 211 of 2025, subject to the conditions as

          laid down under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.90410 of 2025(2) dt.08-01-2026
                                                          3/3




                                 7.     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 one case then it would be presumed that petitioner, for the

                        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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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