Patna High Court
Guddu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
Guddu Sahani applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 50 litres of liquor from a spot adjacent to his house. He has three prior criminal cases, two under the Excise Act, and contends that the liquor was not in his conscious possession and that the informant’s identity is omitted from the FIR. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to verification of his antecedents by the trial court. If more than three prior cases are found, the bail will not be confirmed; if only three, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 given the petitioner’s antecedent criminal record and the circumstances of alleged recovery.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 CrPC
- Section 482 BNSS
- liquor recovery
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9929 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Guddu Sahani Son of Faujdari Sahani Resident of Village- Sandalpur Pachior,
P.S.- Bahadurpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 offence punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two
cases are under the Excise Act and allegation is of recovery
of 50 litres of liquor from a place in front of the house of
the petitioner.
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
Patna High Court CR. MISC. No.9929 of 2026(2) dt.23-02-2026
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the petitioner but then adjacent to his house. It is further
submitted that petitioner came to be implicated at the
instance of the local person 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.
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 within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds 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 Bahadurpur P.S. Case No. 172 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.9929 of 2026(2) dt.23-02-2026
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and if it is found that petitioner has antecedent of more than
three cases, 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
three cases in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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