Patna High Court
Suresh SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 34, 36, 41(1)
- Indian Penal Code — s. 272, 273
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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