Dilip SahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17202 of 2026
                    Arising Out of PS. Case No.-1336 Year-2025 Thana- Excise P.S. District- Muzaffarpur
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                 Dilip Sahni Son of Babulal Sahni Resident of village- Manikpur, Ward no 10,
                 PS- Minapur, District -Muzaffapur
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :         Ms. Meena Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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),

                   32(3) and 34 of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 46 litres of spirit along with 20.995 litres of liquor

                   from a room in front of the cowshed of the house of Babu Lal

                   Sahani.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and the room in front

                   of the cowshed is outside the house. It is further submitted that

                   no prudent person would use his own premises for committing
Patna High Court CR. MISC. No.17202 of 2026(2) dt.19-03-2026
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          an occurrence and thus would create evidence against himself

          and hence would get implicated. It is next submitted that it

          appears that someone inimical to the family concealed meager

          amount of spirit and liquor with an intent to implicate the entire

          family members, when petitioner admittedly is a person with

          clean antecedent.

                       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, let 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 Excise P.S. Case No. 1336 of 2025, subject

          to the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent
           Patna High Court CR. MISC. No.17202 of 2026(2) dt.19-03-2026
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                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T