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Patna High Court

Rampravesh SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

Rampravesh Sahni applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act alleging recovery of 30 litres of liquor from a forest area. The petitioner asserted a clean criminal record and argued that no liquor was found in his possession and the alleged recovery occurred in a public forest, not his property. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents. The court stipulated that if any prior case is discovered, the bail would be revoked; otherwise, the provisional bail would be confirmed. The petitioner also undertook to deposit Rs.1500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify granting bail
  • What conditions should be imposed on the provisional anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • clean antecedent
  • provisional bail
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3691 of 2026
                   Arising Out of PS. Case No.-297 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Rampravesh Sahni S/o Bindu Sahni @ Vindu Sahni Resident of Chandauli,
                 P.S.- Warisnagar, Dist.- Samastipur, Bihar- 848133

                                                                                  ... ... Petitioner/s
                                          Versus
                 The State of Bihar                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Keshav Bhardwaj
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  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 is a person with clean antecedent and allegation is

                   of recovery of 30 litres of liquor from forest area.

                                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 place, which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated

                   based on secret information, which is the easiest way to

                   implicate someone without holding a proper investigation, when
Patna High Court CR. MISC. No.3691 of 2026(2) dt.29-01-2026
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          admittedly petitioner is a person with clean antecedent.

                       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.500/- (Rupees Five Hundred) 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

          Warisnagar P. S. Case No.297 of 2025, 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

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, 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
               Patna High Court CR. MISC. No.3691 of 2026(2) dt.29-01-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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