Krishna SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14135 of 2026
                   Arising Out of PS. Case No.-589 Year-2025 Thana- SUGAULI District- East Champaran
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                 Krishna Sahani S/o Shiv Shankar Sahani Resident of Village- Mehawa, P.S.-
                 Sugauli, Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of four cases under the Excise Act

                   and allegation is of recovery of 6 litres of liquor from

                   possession of Suraj Kumar and 80 litres of liquor from a

                   sugarcane field. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and even alleged recovery of 80 litres of

                   liquor is alleged to be recovered from a sugarcane field which

                   does not belong to the petitioner and petitioner has no concern
Patna High Court CR. MISC. No.14135 of 2026(2) dt.12-03-2026
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          or relation with Suraj Kumar and he came to be implicated at

          the instance of Chowkidar with whom he is on an inimical term.

          It is also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation. It is further submitted that petitioner in similar

          manner earlier also came to be implicated in cases relating to

          excise.

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

          application.

                       5. 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-bond in the

          sum of Rs.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Excise Court No.1, East Champaran at Motihari in

          connection with Sugauli P.S. Case No.589 of 2025, subject to

          the conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.
               Patna High Court CR. MISC. No.14135 of 2026(2) dt.12-03-2026
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                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bond 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 four 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 antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T