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Patna High Court

Raj Kishore SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent, with confirmation contingent on a clean record.

Summary

The petitioners, Raj Kishore Sahani and Shiv Sahani, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 395 litres of liquor and 400 litres of semi‑manufactured liquor that was destroyed near a river. They argued they have no prior criminal record, the liquor was not found in their possession, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and directed verification of the petitioners’ antecedent. It further held that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the BNSS in a case under the Bihar Excise Act?
  • Whether the petitioners’ alleged clean antecedent warrants the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • clean antecedent
  • liquor seizure
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1717 of 2026
                 Arising Out of PS. Case No.-124 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
           1.     Raj Kishore Sahani S/o Ramashray Sahani R/o Village- Majhariya, P.S-
                  Raghunath Pur, District- East Champaran
           2.    Shiv Sahani @ Shiv Kumar S/o Late Ramadhar Sahani R/o Village-
                 Majhariya, P.S- Raghunath Pur, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 395 liters of liquor along with 400 liters of semi

                   manufactured liquor which was destroyed at the place of

                   occurrence i.e. near a river.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.1717 of 2026(2) dt.22-01-2026
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          was recovered from their conscious possession even alleged

          recovery is from a place which does not belong to the

          petitioners and they came to be implicated at the instance of

          local person, but then the name of the person who disclosed the

          name of the petitioners 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 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 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.

          500/- (Rupees Five Hundred) each 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

          Raghunathpur P.S. Case No. 124 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 petitioners and

          in the event if it is found that any of the petitioners have

          antecedent of even one case then it would be presumed that
            Patna High Court CR. MISC. No.1717 of 2026(2) dt.22-01-2026
                                                        3/3




                      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, but

                      after verification if it is found that petitioners are persons with

                      clean antecedent in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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