Vishal SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38531 of 2026
                   Arising Out of PS. Case No.-139 Year-2026 Thana- CHAKIA District- East Champaran
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           1.     Vishal Sahani S/o Bharosi @ Bharosee Sahani Resident of - Bada Baishaha,
                  P.S.- Chakiya, District - East Champaran
           2.    Subhash Sahani S/o Jaggu Sahani Resident of Village - Bada Baishaha, P.S.-
                 Chakiya, District - East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Tripti Singh
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and allegation

                   is of recovery of 175 litres of liquor from a Bamboo orchard of

                   Bharose Sahani along with 3400 litres of liquor of mahua pass

                   was destroyed at the spot.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.38531 of 2026(2) dt.18-06-2026
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          recovered from their conscious possession and petitioner no.1

          came to be implicated based on the fact that he is son of

          Bharose Sahani. It is next submitted that no prudent person

          would use his own premises for committing a crime and thus,

          would create evidence against themself and hence, would get

          implicated. It is also submitted that an orchard is a place outside

          the house and thus is accessible to public at large and it appears

          that someone inimical to the family or with an intent to conceal

          liquor and raw material used bamboo orchard of the father of

          petitioner no.1 and the entire family came to be implicated. It is

          reiterated and submitted that 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 petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) 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
               Patna High Court CR. MISC. No.38531 of 2026(2) dt.18-06-2026
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                         connection with Chakia P. S. Case No.139 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 petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their 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 petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T