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Patna High Court

Ranjeet SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent.

Summary

The petitioner, Ranjeet Sahni, sought anticipatory bail fearing arrest in a case registered under IPC sections 420, 467, 468, 471 and 120(B) and Bihar Excise Act sections 30(a)(c)(d) for alleged recovery of 222.5 litres of liquor from a river bank. He argued that the liquor was not in his possession, the alleged informant (chowkidar) did not report the matter earlier, and that the investigation was mechanically driven. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent. If more than three prior cases are found, the bail will not be confirmed; if only three are found, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail.
  • Whether the FIR is sustainable given the alleged lack of possession of the liquor.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • IPC offences
  • criminal antecedent
  • FIR validity
  • liquor smuggling
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24237 of 2025
                       Arising Out of PS. Case No.-73 Year-2024 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Ranjeet Sahni S/O Pachakauli Sahni @ Rajdev Sahni Resident of Village-
                 Khanjaha Chak, PS- Lalganj, Dist.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aniket Singh, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 420, 467,

                   468, 471 and 120(B) of the Indian Penal Code read with

                   Sections 30(a)(c)(d) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the excise act and

                   allegation is of recovery of 222.5 liters of liquor from bank of a

                   river.

                                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 even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.24237 of 2025(2) dt.17-01-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of Chowkidar, but then it is 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. It is also 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 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.

          15,000/- (Rupees Fifteen Thousand) 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 Lalganj

          P.S. Case No. 73 of 2024 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.24237 of 2025(2) dt.17-01-2026
                                                        3/3




                                   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 more

                      than three cases 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 has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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