Patna High Court
Jitesh Sahni @ Jitesh Kumar @ Jitesh SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Jitesh Sahni, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Excise Act for alleged recovery of liquor and Mahua solution. He argued that the alleged contraband was seized from a location not belonging to him and that the complaint was filed by a hostile chowkidar without proper investigation. The State opposed the bail, contending that the offences were serious. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if the petitioner is found to have more than three prior excise cases, the bail would be cancelled, whereas confirmation would follow if the antecedent is limited to three cases.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and hostile complaint affect the grant of bail.
- Whether the petitioner’s prior criminal antecedent (more than three cases) should preclude anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(d)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 482
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46462 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Jitesh Sahni @ Jitesh Kumar @ Jitesh Sahani S/O Pahadi Sahani @
Jaymangal Sahni R/O Village- Hussepur Naya Tola, P.S.- Sahebganj, Distt.-
Muzaffarpur, Bihar- 843125.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-07-2026 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) and
30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 140 liters of liquor along with 1200
liters of semi prepared Mahua solution from diyara area.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.46462 of 2026(2) dt.15-07-2026
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and he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15000/- (Rupees Fifteen 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
Sahebganj P.S. Case No. 157 of 2026 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
Patna High Court CR. MISC. No.46462 of 2026(2) dt.15-07-2026
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the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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