Patna High Court
Ranjit Sahani @ Ranjit SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to bail bonds, sureties, and verification of the petitioners' criminal antecedents.
Summary
The petitioners, Ranjit Sahani and Dilip Sahani, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 80 litres of liquor. They argued that the liquor was not in their conscious possession, the location was a public area, and the complaint originated from a hostile watchman, casting doubt on the police investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds of Rs.20,000 with two sureties each, subject to verification of their criminal antecedents. The court stipulated that if either petitioner is found to have more prior cases than disclosed, the bail would not be confirmed for that individual. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) in view of the alleged excise offence and their prior criminal antecedents.
- Whether the circumstances of the alleged recovery (public place, lack of conscious possession) justify granting bail.
- Whether concealment of criminal antecedents, if any, would affect the confirmation of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25670 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Ranjit Sahani @ Ranjit Sahni S/O Rama Sahani Resident of village-
Banparua, PS- Dumariyaghat, Distt-East Champaran
2. Dilip Sahani S/O Rama Sahani Resident of village- Banparua, PS-
Dumariyaghat, Distt-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
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 80 litres of liquor
from a bush near a lake.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.25670 of 2026(2) dt.22-04-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
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 next submitted that if 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 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
Patna High Court CR. MISC. No.25670 of 2026(2) dt.22-04-2026
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pending/successor court in connection with Dumariyaghat P.S.
Case No. 194 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.
(Satyavrat Verma, J)
Sumit/-
U T
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