Patna High Court
Sanjay SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court provisionally granted anticipatory bail to the petitioners subject to bail bond, sureties, verification of antecedents, and a deposit with the Lawyers’ Association.
Summary
The petitioners, Sanjay Sahni and Rajiv Sahni, were implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor and fermented mahua from a public riverbank. They argued that they were not arrested at the spot, no liquor was found in their possession, and the complaint originated from a chowkidar whose prior knowledge was questionable. The State opposed their prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties, verification of their criminal antecedents, and a deposit of Rs.5,000 with the Lawyers’ Association. The order stipulated that if the petitioners were found to have more antecedent cases than disclosed, the bail would not be confirmed for the respective petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
- Whether the absence of possession and the public nature of the alleged location justify anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- public place
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2382 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- BOKHRA District- Sitamarhi
======================================================
1. Sanjay Sahni Son of Lalu Sahni Resident Of Village- Kurhar P.s- Bokhra
Dist- Sitamarhi
2. Rajiv Sahni son of Lalu Sahani Resident Of Village- Kurhar P.s- Bokhra
Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of four cases under the Excise
Act and petitioner no. 2 has antecedent of three cases under the
Excise Act and allegation is of recovery of 25 litres of liquor
along with 20-25 litres of fermented mahua from a place near
bank of river.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.2382 of 2026(2) dt.27-01-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of Chowkidar but then it is
submitted that if the Chowkidar was aware about the
involvement of the petitioners 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. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
20,000/- (Rupees Twenty Thousand) 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
Patna High Court CR. MISC. No.2382 of 2026(2) dt.27-01-2026
3/3
Bokhra P.S. Case No. 170 of 2025, subject to the conditions as
laid down under Section 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 petitioner no. 1 has antecedent of more
than four cases and petitioner no. 2 has antecedent of more than
three cases then it would be presumed that 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 with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of four cases and petitioner no. 2 has antecedent of three cases
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to deposit
an amount of Rs. 5,000/- with Lawyers’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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