Patna High Court
Raj Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, surety, and verification of antecedent, with the order to be confirmed if the petitioner’s prior cases do not exceed five.
Summary
Petitioner Raj Kumar Sahni applied for anticipatory bail under Section 438 of the CrPC in connection with a case registered under Section 30(a) of the Excise Act, alleging recovery of liquor from a house and a public area. He contended that he was not in possession of the liquor, was not arrested at the spot, and was implicated by a watchman with whom he has an inimical relationship. The State opposed the bail, citing his antecedent of five prior Excise cases. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 and two sureties, subject to verification of his criminal antecedent. It further held that if more than five prior cases are found, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act given his prior criminal antecedent.
- Whether the alleged recovery of liquor establishes sufficient possession to deny anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32149 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- BAKHARI District- Begusarai
======================================================
Raj Kumar Sahni S/o Late Narayan Sahni R/o Village - Goriyari, P.S - Bakhri,
District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases under the Excise Act
and allegation is of recovery of 07 litres of liquor from house of
Rajiya Devi and 70 litres of liquor from a bush beside a pond.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a house, which does not belong to the
petitioner and petitioner has no concern or relation with Rajiya
Patna High Court CR. MISC. No.32149 of 2026(2) dt.13-05-2026
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Devi and 70 litres of liquor was recovered from a place which is
accessible to public at large, but then, he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.25,000/- (Rupees Twenty 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 Bakhri P. S. Case No.71 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.32149 of 2026(2) dt.13-05-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than five cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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