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Patna High Court

Raj Kumar SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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