Created by Fuzzy Cloud

Patna High Court

Jitesh Sahni @ Jitesh Kumar @ Jitesh SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.