Patna High Court
Congresi @ Sanjeet Sahni @ Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted conditionally, subject to verification of the petitioner’s criminal antecedents, under the inherent powers of the High Court.
Summary
The petitioner, Sanjeet Sahni, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 140 litres of liquor from a larger consignment of raw jawa on the banks of the Gandak River. He argued that he was not arrested at the spot, no liquor was found in his possession, the alleged recovery site is public, and the informant’s identity was omitted from the FIR, raising doubts about the prosecution’s case. The State opposed the petition for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents. The Court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not arrested in possession of the alleged contraband.
- Whether the omission of the informant’s name in the FIR and the public nature of the alleged recovery site affect the merits of granting anticipatory bail.
- Whether the High Court may impose conditions, including verification of antecedent cases, before confirming anticipatory bail under Section 482(2) of the CrPC.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- CrPC Section 482
- possession
- informant omission
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46835 of 2026
Arising Out of PS. Case No.-528 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Congresi @ Sanjeet Sahni @ Sanjeet Kumar Son of Harendra Sahni Resident
of Village - Khajauli Khanjahachak, P.S.- Lalganj, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyameshwar Kumar Singh
For the Opposite Party/s : Mr.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 140 litres of liquor from along
20000 litres of raw jawa from the bank of Gandak river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.46835 of 2026(2) dt.10-07-2026
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at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information. It is next submitted that if local people was aware
about 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.
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.
5,000/- (Rupees 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 Lalganj
P.S. Case No. 528 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for 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 one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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