Patna High Court
Raj Kishore SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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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