Patna High Court
Dipak Sahani @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Smuggling Act — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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
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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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