Patna High Court
Sonalal SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted anticipatory bail, subject to verification of the petitioner’s prior criminal antecedent.
Summary
The petitioner, Sonalal Sahni, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of large quantities of liquor from premises adjacent to his shop. He argued that no liquor was found in his possession and that the investigation was based on secret information without proper inquiry. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if more than four prior excise cases are discovered, the bail would be withdrawn; otherwise, it would be confirmed.
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 from the petitioner’s possession and reliance on secret information justify granting bail
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- criminal antecedent
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91388 of 2025
Arising Out of PS. Case No.-545 Year-2025 Thana- CHAKIA District- East Champaran
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Sonalal Sahni S/o Late Bulla Sahni @ Late Bula Sahani Resident of village-
Paithaniya (Chhota Paithaniya), P.S- Chakia, 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 : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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
petitioner has antecedent of four cases under the excise act and
allegation is of recovery 200 of liters of liquor from a place
beside the shop of the petitioner along with 105 liters of liquor
from hut of Umesh.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.91388 of 2025(2) dt.12-01-2026
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but then is adjacent to his shop, as such he came to be
implicated based on secret information which is the easiest way
to implicate someone. It is also 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.
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
Chakiya P.S. Case No. 545 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
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.91388 of 2025(2) dt.12-01-2026
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than four cases 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 four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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