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Patna High Court

Arjun sahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted withdrawal of the anticipatory bail application for the arrested petitioner and granted provisional anticipatory bail to the other petitioner subject to bond, sureties and verification of his antecedent.

Summary

Arjun Sahni and Dhruv Sahani filed an anticipatory bail application in a case involving alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. Dhruv Sahani was arrested while the application was pending, and the petitioners sought to withdraw his bail application, which the court permitted, dismissing that part of the petition. For Arjun Sahni, the court examined his claim of no possession and his five prior excise cases, and despite the State’s opposition, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs 25,000 with two sureties. The bail is subject to Section 438(2) of the Cr.P.C. and to verification of his criminal antecedent by the trial court; if more than five prior cases are found, the bail will not be confirmed, but if exactly five, it will be confirmed. The order thus withdraws the application for Dhruv and allows anticipatory bail for Arjun with stipulated conditions.

Issues considered

  • Whether the court may permit withdrawal of an anticipatory bail application for a petitioner who has already been arrested
  • Whether anticipatory bail should be granted to the petitioner facing charges under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, considering his prior criminal antecedent
  • What conditions should be imposed on the grant of anticipatory bail in the present circumstances

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • Section 438 CrPC
  • Excise Act
  • Narcotic offences
  • bail conditions
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44082 of 2026
                   Arising Out of PS. Case No.-35 Year-2026 Thana- BANJARIA District- East Champaran
                 ======================================================
           1.     Arjun sahni son of Chandrika Sahani Resident of village - Jhakhiya, Ps-
                  Banjariya, Dist- East champaran
           2.    Dhruv Sahani son of Sukhari Sahani Resident of village - Jhakhiya, Ps-
                 Banjariya, Dist- East champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners seeks

                   permission to withdraw the present anticipatory bail application

                   with respect to petitioner no.2, namely, Dhruv Sahani, who was

                   arrested during pendency of the instant anticipatory bail

                   application.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as

                   withdrawn with respect to petitioner no.2, namely, Dhruv

                   Sahani.

                                5. The petitioner no.1 seeks bail in anticipation of his
Patna High Court CR. MISC. No.44082 of 2026(2) dt.07-07-2026
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          arrest in a case registered for the offences punishable under

          Sections 274 and 275 of the B.N.S. and Section 30(a) of the

          Excise Act.

                       6. The learned counsel for the petitioner submits that

          the petitioner has antecedent of five cases under the Excise Act

          and allegation is of recovery of 200 litres of liquor from sacks as

          detailed in the FIR.

                       7. 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 he came to be implicated at the instance of Chaukidar with

          whom he is on an inimical term. It is next submitted that police

          in majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       8. Learned A.P.P. Sri Chandra Bhushan Prasad

          opposes the anticipatory bail application.

                       9. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner no.1, above-named, in

          the event of his arrest or surrender before the learned Court
               Patna High Court CR. MISC. No.44082 of 2026(2) dt.07-07-2026
                                                           3/4




                         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.25,000/- (Rupees Twenty Five Thousand) 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.35 of 2026, subject to

                         the conditions laid down under Section 438(2) of the Cr.P.C.

                                      10.        The application stands allowed.

                                      11.        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 more than five

                         cases, 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 petitioner has antecedent of five

                         cases only, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T
Patna High Court CR. MISC. No.44082 of 2026(2) dt.07-07-2026
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