Patna High Court

Rajesh Sahani @ Rajesh Kumar SahaniversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Rajesh Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 60 litres of liquor from a bush near the Dhanauti river. He argued that the liquor was not in his conscious possession, the recovery site did not belong to him, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed verification of the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, the provisional order will be confirmed. The order is subject to Section 482(2) of the BNSS and pending verification by the trial court.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
criminal antecedent
liquor seizure
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1618 of 2026
                 Arising Out of PS. Case No.-300 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Rajesh Sahani @ Rajesh Kumar Sahani Son of Harendra Sahani R/o Village -
                 Khairi Jamuniya, P.S. - Piprakothi, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 60 liters of liquor from a bush from a place near

                   bank of Dhanauti river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 petitioner

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.1618 of 2026(2) dt.21-01-2026
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          implicated at the instance of 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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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

          Piprakothi P.S. Case No. 300 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.1618 of 2026(2) dt.21-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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