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Patna High Court

Suresh SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Suresh Sahani, applied for anticipatory bail in a case registered under IPC sections 272 and 273 and several provisions of the Excise Act, alleging that he was implicated without being arrested at the scene and that no liquor was recovered from his possession. He disclosed three prior criminal cases, two of which relate to the Excise Act, and argued that the FIR lacks the name of the informant, casting doubt on the prosecution’s case. The State opposed the bail. The Patna High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to Section 438(2) of the CrPC. The court also stipulated that the trial court must verify the petitioner’s antecedents; if more than three prior cases are found, the bail may be revoked, otherwise it will be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under IPC sections 272, 273 and the Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect his eligibility for anticipatory bail.
  • Whether the absence of arrest at the spot and lack of seizure from the petitioner’s possession justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 272
  • IPC 273
  • Excise Act
  • criminal antecedent
  • Section 438
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91553 of 2025
                   Arising Out of PS. Case No.-251 Year-2023 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Suresh Sahani S/o Late Ayodhee Sahani Resident of Village - Ismaila, P.S -
                 Rajepur, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vaibhav Kumar
                 For the Opposite Party/s :       Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 272 and 273 of the I.P.C. and Sections 30(a), 32, 34, 36

                   and 41(1) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases out of which two

                   cases are under the Excise Act and allegation is of recovery of

                   20 litres of liquor from bamboo orchard of Kailash Sahani.

                                4. The 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 alleged

                   recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.91553 of 2025(2) dt.12-01-2026
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          petitioner, but then, he came to be implicated at the instance of

          local person, but the name of the person, who disclosed the

          name of the petitioner is not disclosed in the F.I.R., which casts

          an aspersion on the case of the prosecution. It is also submitted

          that since petitioner is agnate of Kailash, hence he was

          implicated. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.15,000/- (Rupees Fifteen 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 Rajepur P. S. Case No.251 of 2023, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.91553 of 2025(2) dt.12-01-2026
                                                           3/3




                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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