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Patna High Court

Dharmendra SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners are entitled to provisional anticipatory bail subject to bond, sureties, and verification of their criminal antecedents.

Summary

The petitioners, Dharmendra Sahni and Brijesh Sahni, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 157.64 litres of liquor from a public bush. They argued that they were not arrested at the spot, had no conscious possession, and were implicated by a chowkidar who failed to inform police earlier. The petitioners sought anticipatory bail, contending that the prosecution's case was weak and that the chowkidar’s involvement raised doubts. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring each petitioner to furnish a bail bond of Rs. 15,000 with two sureties, and directed the trial court to verify their criminal antecedents, stipulating that bail would be confirmed only if the antecedents matched the petitioners' claims.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged lack of possession and the role of the chowkidar affect the merits of the bail application.
  • Whether the petitioners' criminal antecedents, if misrepresented, should lead to denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • CrPC Section 482
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11860 of 2026
                       Arising Out of PS. Case No.-760 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
           1.     Dharmendra Sahni Son of Gopal Sahni @ Gopal Sahani Resident of Village
                  - Rasulpur Fatah, P.S.- Goraul (Katahara), District - Vaishali.
           2.    Brijesh Sahni @ Brijesh Son of Nandu Sahni Resident of Village - Rasulpur
                 Fatah, P.S.- Goraul (Katahara), District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anuj Kumar
                 For the Opposite Party/s :        Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of three case and petitioner no. 2

                   is a person with clean antecedent and allegation is of recovery

                   of 157.64 litres of liquor from a bush.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.11860 of 2026(2) dt.24-02-2026
                                            2/3




          recovery is from a place which does not belong to the

          petitioners and is accessible to public at large and they came to

          be implicated at the instance of Chowkidar but then it is

          submitted that if the Chowkidar was aware about the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          also submitted that since petitioner no. 1 has antecedent of three

          cases hence Chowkidar got him implicated along with his

          brother with a view to save the real culprit.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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)

          each 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 Goraul (Katahara) P.S. Case No. 760 of

          2025, subject to the conditions as laid down under Section

          Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.11860 of 2026(2) dt.24-02-2026
                                                          3/3




                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than three case and petitioner no. 2 has antecedent of even one

                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioner no. 1 has antecedent of three case and

                        petitioner no. 2 is a person with clean antecedent, in that event

                        the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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