Patna High Court
Abdhesh Sahani @ Abadh Kishore Sahni @ AbdheshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court permitted withdrawal of the anticipatory bail for petitioner 1 and granted provisional anticipatory bail to petitioner 2 subject to bond and antecedent verification.
Summary
The petitioners, two brothers, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 concerning alleged possession of liquor and Jawa Mahua. They filed an anticipatory bail application. During pendency, petitioner 1 was arrested and his counsel sought to withdraw the anticipatory bail application, which the court permitted. For petitioner 2, who had not been arrested, the court granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs 5,000 with two sureties and on verification of his criminal antecedents. The court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one, it would be confirmed, exercising its inherent powers under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be withdrawn after the petitioner has been arrested
- Whether provisional anticipatory bail may be granted subject to bond and verification of antecedents
- Whether the High Court can condition confirmation of anticipatory bail on the number of prior criminal cases
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 482(2)
- verification of antecedents
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.268 of 2026
Arising Out of PS. Case No.-528 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
1. Abdhesh Sahani @ Abadh Kishore Sahni @ Abdhesh S/o Shiv Janam Sahni
R/o Village - Khajauli, P.S - Lalganj, District - Vaishali
2. Sudish Sahni @ Sudisht Sahni @ Sudish Kishor S/o Shiv Janam Sahni R/o
Village - Khajauli, P.S - Lalganj, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners at the outset
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no.1, Abdhesh Sahani @ Abadh
Kishore Sahni @ Abdhesh, who was arrested during pendency
of the instant anticipatory bail application.
4. Permission is accorded.
5. Learned counsel submits that petitioner no.2 has
Patna High Court CR. MISC. No.268 of 2026(2) dt.15-01-2026
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antecedent of one case and allegation is of recovery of 140 litres
of liquor along with 20000 litres of Jawa Mahua, which was
destroyed from bank of Gandak river. 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 does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of local person but then the name of person who
disclosed the name of the petitioner is not disclosed in the 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 petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.2, above-named, in
the event of his arrest or surrender before the learned Court
below 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 Lalganj
P.S. Case No.528/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.268 of 2026(2) dt.15-01-2026
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6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioner
no.2 and in the event if it is found that petitioner no.2 has
antecedent of more than one case, in that event, it would be
presumed that petitioner no.2 had concealed his antecedent
before this court, as such, the provisional anticipatory bail order
shall not be confirmed with but if after verification, it is found
that petitioner no.2 has antecedent of one case, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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