Patna High Court
Vijay Sahni @ Vijay Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
Vijay Sahni sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act for allegedly recovering 168.75 litres of liquor from an auto. He claimed he had no prior criminal record, was not caught in possession, and was implicated due to a personal dispute with the chowkidar who lodged the complaint. The State opposed the bail, arguing the seriousness of the offence. The High Court granted provisional anticipatory bail, subject to a Rs. 500 bond, two sureties, and verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, but if the petitioner is found to have a clean record, the bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s alleged lack of possession and clean antecedent justify granting anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20110 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- SAKRI District- Madhubani
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Vijay Sahni @ Vijay Kumar Sahni S/O Sitaram Sahni @ Sutta Sahni R/O
Vill- Purani Sakri Bazar, Pandaul, P.S-Sakri, Distt- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 168.75 liters of liquor from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized Auto and he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term and
he came to be implicated at the instance of Chowkidar. It is next
Patna High Court CR. MISC. No.20110 of 2026(2) dt.31-03-2026
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submitted that if Chowkidar was aware of 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.
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 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) 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 Sakri P.S.
Case No.27 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
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
Patna High Court CR. MISC. No.20110 of 2026(2) dt.31-03-2026
3/3
person 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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