Dipak Kumar Sahni @ Dipak KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16932 of 2026
                       Arising Out of PS. Case No.-55 Year-2026 Thana- GORAUL District- Vaishali
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                 Dipak Kumar Sahni @ Dipak Kumar S/o Raghunath Sahani Resident of
                 Village- Rusulpur Daud, P.S.- Goraul (Kathara), District- Vaishali

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehend his arrest in connection

                   with Goraul (Kathara O.P.) P.S. Case No. 55 of 2026, registered

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

                   Prohibition & Excise (Amendment) Act, 2022.

                                3. As per allegation, 521.25 liters of foreign liquor

                   was recovered from the house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated.

                   Nothing has been recovered from his conscious physical

                   possession. The allegation against him is fabricated and

                   concocted.

                                5. On the other hand, the learned APP for the State has
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          opposed the prayer for bail.

                       6. Considering the fact that the petitioner was not

          apprehended on the spot and therefore no recovery has been

          made from his conscious physical possession and also giving

          the fact that the search and seizure memo has not been signed by

          two independent witnesses, thereby putting a question mark on

          the legality and validity of the seizure itself, I am inclined to

          grant privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court No. 1-

          cum-Additional District & Sessions Judge, Vaishali at Hajipur

          in connection with Goraul (Kathara O.P.) P.S. Case No. 55 of

          2026, subject to the conditions laid down under section 438(2)

          of the Code of Criminal Procedure/Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further

          condition that :-

                       (i) The petitioner shall co-operate in the investigation/

          trial.

                        (ii) The learned Court below would, however, verify
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                     the criminal antecedent of the petitioner and in case it is found

                     that the petitioner has concealed his criminal antecedent, the

                     Court below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T