Patna High Court

Ramesh Sahani @ Ramesh SahniversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Ramesh Sahani, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 38 and 40(i) of the Bihar Excise Act for alleged possession of liquor and a motorcycle. He contended that he had a clean criminal record, that the liquor and vehicle were not in his conscious possession, and that the investigation was based on secret information. The State opposed the bail application. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
Whether the conditions imposed by the Court, including verification of antecedents, are permissible under Section 482(2) of the BNSS.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
liquor offences
criminal procedure
provisional bail
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91392 of 2025
                       Arising Out of PS. Case No.-239 Year-2021 Thana- SONEPUR District- Saran
                 ======================================================
                 Ramesh Sahani @ Ramesh Sahni S/o- Late Shankar Sahani Resident of Vill
                 age- Bharapura, Police Station-Sonpur, District-Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shakti Suman Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, 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 Sections 30(a), 38

                   and 40(i) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2 liters of liquor along with a motorcycle from hut

                   of the petitioner along with 5 liters of liquor from hut of

                   Laxman Sahani.

                                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 the hut from

                   which the alleged 2 liters of liquor is alleged to have been
Patna High Court CR. MISC. No.91392 of 2025(2) dt.12-01-2026
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          recovered does not belong to the petitioner and petitioner is not

          the owner of the motorcycle and he came to be implicated based

          on secret information which is the easiest way to implicate

          someone 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.

          500/- (Rupees Five Hundred) 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 Sonepur

          P.S. Case No. 239 of 2021 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 even

          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
            Patna High Court CR. MISC. No.91392 of 2025(2) dt.12-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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