Rajesh SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39978 of 2026
                     Arising Out of PS. Case No.-1244 Year-2023 Thana- TURKAULIYA District- East
                                                       Champaran
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                 Rajesh Sahani S/o Jogi Sahani R/o Village - Jhakhiya, PS - Banjariya, District
                 - East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Ms. Tripti Singh
                 For the Opposite Party/s :      Mr. Jagdhar Prasad
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  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 offence punishable under Sections 30(a), 41(1)

                   of Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 90 litres of liquor from a kiln situated near bank of

                   Majhariya river and a mobile was seized. It is next submitted

                   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 villagers and the seized mobile does not
Patna High Court CR. MISC. No.39978 of 2026(2) dt.23-06-2026
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          belong to the petitioner and he came to be implicated at the

          instance of chowkidar with whom he is on an inimical term. It is

          also submitted that if chowkidar was aware of the involvement

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

          the police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Banjariya P.S. Case No.1244/2023, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.39978 of 2026(2) dt.23-06-2026
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                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T