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Patna High Court

KISHAN SAHNI @ KRISHNA SAHNIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Kishan Sahni was implicated in an FIR under Sections 30(a) and 30(c) of the Bihar Excise Act for allegedly recovering 100 litres of liquor and 500 litres of raw material from a hut that does not belong to him. He contended that he has a clean antecedent, that the liquor was not found in his possession, and that a hostile chowkidar falsely implicated him to protect the real culprit. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 and two sureties of the same amount, subject to verification of his criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act where no arrest has occurred and the alleged contraband was not in his possession.
  • Whether the petitioner’s clean antecedent and claim of false implication justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • false implication
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16189 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- Chakmesi District- Samastipur
                 ======================================================
                 KISHAN SAHNI @ KRISHNA SAHNI S/o- Gahil Sahni R/v- Gangaura Ps-
                 Chakmehsi Dist- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar
                 For the Opposite Party/s :        Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026               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 Sections 30(a) and

                   30(c) of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 100 litres of liquor from a hut along with 500 litres

                   of raw materials which was destroyed.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a hut which does not belong to the petitioner

                   and he came to be implicated at the instance of Chowkidar with
Patna High Court CR. MISC. No.16189 of 2026(2) dt.17-03-2026
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          whom he is on an inimical term. It is next submitted that if the

          Chowkidar was aware about the involvement of the petitioner 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, when petitioner admittedly is a person

          with clean antecedent. It is also submitted that it appears that

          Chowkidar with a view to save the real culprit falsely implicated

          the petitioner.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Chakmehsi P.S. Case No. 5 of 2026, 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 even one case

          then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.16189 of 2026(2) dt.17-03-2026
                                                          3/3




                        seeking anticipatory bail, had concealed his antecedent before this

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

                        confirmed, but after verification if it is found that petitioner 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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