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Patna High Court

Abdhesh Sahani @ Abadh Kishore Sahni @ AbdheshversusThe State of Bihar

Decided
Disposal
DISPOSED

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  • Whether anticipatory bail can be withdrawn after the petitioner has been arrested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

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
                                                         3/3




                                    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/-

U        T


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