Patna High Court
KISHAN SAHNI @ KRISHNA SAHNIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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