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Patna High Court

Dipak Sahani @ Dipak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Dipak Sahani, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic and Smuggling Act (BNS) and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that the alleged liquor and Mahua flower were recovered from a location not belonging to him and that the FIR did not disclose the informant, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent case is discovered.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Criminal Procedure Code in view of the alleged offences under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the lack of disclosure of the informant in the FIR and the alleged recovery from a non‑petitioner’s premises warrant granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • excise offence
  • Bihar Prohibition and Excise Act
  • criminal antecedent verification
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90560 of 2025
                   Arising Out of PS. Case No.-465 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Dipak Sahani @ Dipak Kumar S/o Pundev Sahani @ Punyadev Sahani
                 Resident of Village - Lohargaonwa, Police Station - Kesariya, District- East
                 Champaran
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shakil Ahmad Khan, Advocate
                 For the Opposite Party/s :       Ms. Gulnar Begum, A.P.P.
                 ======================================================
                 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 Sections 274 and

                   275 of the BNS as well as Section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 80 litres of liquor from a brewery

                   along with 2000 litres of Mahua Flower which was destroyed.

                                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
Patna High Court CR. MISC. No.90560 of 2025(2) dt.08-01-2026
                                            2/3




          and he came to be implicated at the instance of the local persons

          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 further 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.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 Kesaria

          P.S. Case No. 465 of 2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if
           Patna High Court CR. MISC. No.90560 of 2025(2) dt.08-01-2026
                                                       3/3




                     it is found that petitioner has antecedent of more than one case,

                     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 one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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