Patna High Court
Doha SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedents.
Summary
The petitioners, six residents of Bijalpur village, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 410 litres of liquor and 20,000 litres of Mahua solution. They contended that they have clean antecedents, were not arrested at the spot, and that the alleged contraband was recovered from a public riverbank, not from their possession. The petitioners alleged that a watchman (chowkidar) with whom they have an inimical relationship falsely implicated them, and questioned why the watchman did not inform police earlier. The State opposed the grant of anticipatory bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, directing the trial court to verify the petitioners’ criminal antecedents before confirming the bail. If any antecedent is discovered, the provisional bail would not be confirmed for that petitioner.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor and Mahua solution from a public place and the lack of possession by the petitioners justify granting anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- watchman false implication
- public place
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14976 of 2026
Arising Out of PS. Case No.-673 Year-2025 Thana- PAROO District- Muzaffarpur
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1. Doha Sahni Son of Sitaram Sahni Resident of Village - Bijalpur, P.S.- Paroo,
District - Muzaffarpur.
2. Shailendra Sahni @ Salindra Kumar Son of Darab Sahni Resident of Village
- Bijalpur, P.S.- Paroo, District - Muzaffarpur.
3. Bijali Sahni Son of Darab Sahni Resident of Village - Bijalpur, P.S.- Paroo,
District - Muzaffarpur.
4. Rohit Sahni @ Rohit Kumar Son of Lakshman Sahni @ Lakshmi Sahni
Resident of Village - Bijalpur, P.S.- Paroo, District - Muzaffarpur.
5. Ganour Sahni Son of Lakshman Sahni Resident of Village - Bijalpur, P.S.-
Paroo, District - Muzaffarpur.
6. Ranjit Sahni @ Ranjeet Kumar Son of Sanjay Sahni Resident of Village -
Bijalpur, P.S.- Paroo, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jyotsna Rani Mishra
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
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 the
petitioners are person with clean antecedent and allegation is of
recovery of 410 litres of liquor along with 20,000 litres of
Patna High Court CR. MISC. No.14976 of 2026(2) dt.17-03-2026
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Mahua solution from a bush near bank of a river.
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
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 with whom they are
on an inimical term 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 it appears that
the Chowkidar, with a view to save the real culprit, falsely
implicated the petitioners, when petitioners admittedly are
persons with clean antecedent.
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. 500/- (Rupees Five Hundred) each
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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 Paroo P.S. Case No. 673 of 2025, subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
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 petitioners have 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 petitioners are 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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