Raja Ram Sahani @ Pandit Jee @ Raja Raman SahaniversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38434 of 2026
                     Arising Out of PS. Case No.-72 Year-2026 Thana- HAYAGHAT District- Darbhanga
                 ======================================================
                 Raja Ram Sahani @ Pandit Jee @ Raja Raman Sahani S/O Ramdev
                 Chaudhary @ Ramdev Sahani Resident of village - Chhoti Manopur, P.S-
                 Haya Ghat, Dist- Darbhanga
                                                                        ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kaushal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   30(b) and 30(d) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 litres of liquor from the bank of Marni River.

                                4. 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 the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.38434 of 2026(2) dt.18-06-2026
                                            2/3




          petitioner came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. It is next

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR 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 petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds 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 Haya Ghat P.S.

          Case No. 72 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 petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.38434 of 2026(2) dt.18-06-2026
                                                       3/3




                     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 is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T