Patna High Court
Ranjit Sahani @ Ranjit SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioners subject to bail bond conditions and verification of their criminal antecedents.
Summary
The petitioners, Ranjit Sahani and Dilip Sahani, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of liquor and Mahua from a public place. They sought anticipatory bail, arguing that the liquor was not in their conscious possession, the recovery site did not belong to them, and that the complaint was based on a hostile chowkidar’s statement without proper investigation. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs.20,000 each with two sureties, and conditioned the order on verification of their criminal antecedents. If the petitioners are found to have more than the stipulated prior cases, the bail would be withdrawn; otherwise, it would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' prior criminal antecedents disqualify them from obtaining anticipatory bail.
- Whether the recovery of liquor from a public place can be attributed to the petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24819 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Ranjit Sahani @ Ranjit Sahni Son of Rama Sahani Resident of village -
Banparua, P.S.- Kesariya, District - East Champaran.
2. Dilip Sahani Son of Rama Sahani Resident of village - Banparua, P.S.-
Kesariya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
Mrs. Harsha Shashwat, Adv.
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and 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 150 litres of liquor
from Banpura Houli ghat and a sugarcane field along with 2500
litres of Mahua pass which was destroyed. It is next submitted
that petitioners were not arrested from the spot as such nothing
Patna High Court CR. MISC. No.24819 of 2026(2) dt.18-04-2026
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was recovered from their conscious possession and even alleged
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 with whom they are
on 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. It is further 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender 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
Patna High Court CR. MISC. No.24819 of 2026(2) dt.18-04-2026
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court in connection with Dumariyaghat P.S. Case No.236/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents 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, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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