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Patna High Court

Brijesh Sahni @ BrijeshversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Brijesh Sahni, feared arrest in a case under Sections 30(a) and 32(1),(2) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging that 60 litres of liquor were recovered from a public bush and that he was implicated through a chowkidar’s statement. He argued that no liquor was found in his possession at the time of arrest and that the investigation was mechanically driven without proper inquiry. The State opposed his request for anticipatory bail. Justice Satyavrat Verma, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation of the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are applicable to the provisional anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor recovery
  • Bihar Prohibition and Excise Amendment Act
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24623 of 2026
                       Arising Out of PS. Case No.-84 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Brijesh Sahni @ Brijesh Son of Nandu Sahni Resident of Vill.- Rasulpur
                 Fatah, P.S.- Goraul (Katahara), Dist.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aniket Singh
                 For the Opposite Party/s :       Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 offence punishable under Sections 30 (a),

                   32(1),(2) of Bihar Prohibition and Excise Amendment Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 60 litres of liquor from a bush. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which dos not belong tot

                   he petitioner and is accessible to public at large and he came to

                   be implicated at the instance of chowkidar with whom he is on
Patna High Court CR. MISC. No.24623 of 2026(2) dt.20-04-2026
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          an inimical term. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.5000/- (Rupees five 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 Goraul (Katahara) P.S. Case No.84/2026,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.24623 of 2026(2) dt.20-04-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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