VIPUL KUMAR SAHNI @ VIPUL KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32850 of 2026
                   Arising Out of PS. Case No.-45 Year-2026 Thana- MUSRIGHRARI District- Samastipur
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           1.     VIPUL KUMAR SAHNI @ VIPUL KUMAR S/o- Raj Kumar Sahni
                  Resident of Ward No. 2, Gohda, Rupauli Buzurg, PO- Rupauli, P.S.-
                  Musrigharari, Dist.- Samastipur, Bihar.
           2.     Aman Kumar @ Aadi S/o- Ram Shreshtha Sahni R/v- Gohda Rupauli PS-
                  Musrigharari Dist- Samastipur
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  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 offences punishable under Sections 30(a), 33,

                   36 and 41 of the Bihar Prohibition and Excise (Amendment)

                   Act, 2022, Sections 318(4) and 319(2) of the BNS as well as

                   Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case and petitioner no. 2 is

                   a person with clean antecedent and allegation is of recovery of

                   one country made pistol from the hut of Jitendra Sahni along

                   with two live cartridges, 6.75 litres of homeopathic medicine

                   Arnica, 1 litres of semi-prepared liquor like substance and some
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          liquor wrappers.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant at the instance of Jitendra Sahani. It is further

          submitted that the alleged recovery was made from the hut of

          Jitendra Sahani but then Jitendra Sahani has not been made

          accused, rather the informant in the FIR alleges that based on an

          information received on 112, he came to the place of occurrence

          and Jitendra Sahani disclosed that the petitioners had left a bag

          in his hut and thereafter the aforesaid recoveries were made. It

          is, thus, submitted that since the recoveries were made from the

          hut of Jitendra Sahani, as such, Jitendra Sahani ought to have

          been made an accused or at least a witness on the seizure list but

          then Jitendra Sahani is not a witness of the seizure list even

          which casts an aspersion on the case of the prosecution.

                       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 appearing on behalf of the petitioners, let 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
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                     Rs.5,000/- (Rupees Five Thousand) each 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 Musrighrari P.S. Case No. 45 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioner no. 1 has antecedent of more

                     than one case and petitioner no. 2 has antecedent of even one

                     case, it would be presumed that petitioners had concealed their

                     antecedent before this Court, at para 3 of the anticipatory bail

                     application, in that event, the provisional anticipatory bail order

                     shall not be confirmed, but, if it is found on verification that

                     petitioner no. 1 has antecedent of only one case and petitioner

                     no. 2 is a person with clean antecedent, in that event, the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T