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Patna High Court

Ajit SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail subject to a Rs.10,000 bond with two sureties and verification of antecedents under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Ajit Sahni, sought anticipatory bail fearing arrest in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for storing and selling illicit liquor. The prosecution’s case was based on a secret informant’s tip that a large quantity of country-made liquor was found in a pit near an orchard, and that the petitioner’s name was mentioned by the informant and a local watchman, although he was not present at the scene. The petitioner argued that the liquor was recovered from an open area not belonging to him and that there was no direct evidence of his involvement, despite having two prior similar cases pending on bail. The State opposed bail, contending that the petitioner’s criminal antecedents indicated a likelihood of reoffending. The court, after reviewing the material, held that the lack of direct participation and the open nature of the seizure site warranted bail, but imposed a bond of Rs.10,000 with two sureties and conditions for verification of his antecedents under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s alleged involvement, based solely on secret information, justifies denial of bail.
  • Whether prior criminal antecedents in similar cases preclude the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35755 of 2026
                     Arising Out of PS. Case No.-19 Year-2026 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Ajit Sahni S/o Gariban Sahni Resident of Village- Tataila, P.S.- Kamtaul,
                 Dist- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   26-05-2026                         Heard the learned counsel for the petitioner and

                   the learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Kamtaul P.S. Case No. 19 of 2026, for

                   allegedly having committed offence under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                   3. As per the prosecution story, which has been

                   lodged on the basis of the written report submitted by the

                   informant to the effect that on 24.01.2026 at around 10:05 A.M.,

                   he along with other police personnel proceeded for maintaining

                   law and order duty on the occasion of Saraswati Puja and for

                   conducting raid against illegal liquor trade. At around 11:30

                   A.M., he received a secret information that Ajit Sahni (petitioner

                   herein), Hriday Sahni, Suresh Sahni and Raju Sahni were
Patna High Court CR. MISC. No.35755 of 2026(2) dt.26-05-2026
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          storing a large quantity of country made liquor in a pit near the

          orchard of Bhikari Sahni and are engaged in selling of illegal

          liquor. To verify the authenticity of the said information, the

          informant along with police personnel reached there. Upon

          seeing the police vehicle, five-six persons started running away

          and despite chase they managed to escape. Upon search being

          made of the place, total 70 liters of country made liquor was

          recovered and a seizure list was accordingly prepared. During

          course of seizure, the name of petitioner and other transpired,

          who fled away from the place of occurrence.

                          4. The learned counsel for the petitioner submits

          that total 70 liters of country made liquor was recovered from a

          pit near the orchard of one Bhikari Sahni, from which the

          petitioner has got no concern. He further submits that the liquor

          was seized from an open place, which is accessible to all. The

          name of the petitioner transpired in the present case, on the

          secret information received by the informant and the local

          chaukidar, who disclosed the name of the petitioner and other

          persons, who managed to escape from the place of occurrence.

          Neither the petitioner was present at the place of occurrence, nor

          he was involved in any trade of illegal liquor. The petitioner is

          an accused in two other cases of similar nature, in which he is
Patna High Court CR. MISC. No.35755 of 2026(2) dt.26-05-2026
                                            3/4




          on bail.

                          5. Per contra, the learned APP for the State

          vehemently opposes the prayer for bail of the petitioner and

          submits that the petitioner is an accused in two cases of similar

          nature and there is every probability that on his release on

          anticipatory bail, he will again indulge in same activity of

          selling illegal/illicit liquor.

                           6. Having heard the rival submissions and after

          going through the records, it appears that the petitioner was not

          present at the place of occurrence. His name transpired in the

          present case, only on the basis of secret information and the

          identification made by the local chaukidar. The alleged liquor

          was recovered from an open place, which does not belong to the

          petitioner. The petitioner has got two criminal antecedents of

          similar nature. Considering the facts and circumstances of the

          case, let the petitioner, above named, in the event of arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          In-charge      Special     Judge-I      (Excise Act),   Darbhanga   in

          connection with Kamtaul P.S. Case No. 19 of 2026, subject to

          the conditions as laid down under Section 482(2) of the
           Patna High Court CR. MISC. No.35755 of 2026(2) dt.26-05-2026
                                                       4/4




                     B.N.S.S., with further condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
Ajay/Mridula/-

U      T


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