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Patna High Court

JITENDRA SAHNIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the withdrawal of the anticipatory bail application for petitioner no.2 and granted provisional anticipatory bail to petitioner no.1 subject to conditions under Section 482(2) of the BNSS.

Summary

Petitioners Jitendra Sahni and Arvind Sahni filed an anticipatory bail application in a case registered under Section 30(a) of the Bihar Excise Act. Arvind was arrested while the application was pending, and the petitioners sought to withdraw his anticipatory bail request, which the Court permitted, dismissing that part of the application. The Court then considered Jitendra's request for anticipatory bail, noting his prior single case under the Excise Act and the circumstances of alleged recovery of liquor from a public area. The Court granted Jitendra provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS, and directed verification of his criminal antecedents. The order also required the petitioners to deposit Rs.2,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the anticipatory bail application for petitioner no.2 (Arvind Sahni) can be withdrawn after his arrest.
  • Whether petitioner no.1 (Jitendra Sahni) is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • What conditions must be imposed under Section 482(2) of the BNSS when granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • withdrawal of bail
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5217 of 2026
                  Arising Out of PS. Case No.-216 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
           1.     JITENDRA SAHNI S/o- Rajesh Sahni Resident of Gohda, P.S-
                  Musrigharari, Dist-Samastipur, Bihar
           2.    Arvind Sahni @ Arvind Kumar S/o- Jagarnath Sahni Resident of Gohda,
                 P.S- Musrigharari, Dist-Samastipur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Keshav Bhardwaj
                 For the Opposite Party/s :      Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned      counsel      for    the     petitioners      seeks

                   permission to withdraw the anticipatory bail application with

                   respect to petitioner no. 2 (Arvind Sahni @ Arvind Kumar), who

                   was arrested during pendency of the instant anticipatory bail

                   application.

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner no. 2 (Arvind

                   Sahni @ Arvind Kumar).

                             5.    The petitioner no. 1 apprehends his arrest in a case
Patna High Court CR. MISC. No.5217 of 2026(2) dt.02-02-2026
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          registered for the offences punishable under Section 30(a) of the

          Bihar Excise Act.

                   6.     Learned counsel for the petitioner submits that

          petitioner has antecedent of one case under the Excise Act and

          allegation is of recovery of 305.28 litres of liquor from a bush

          near a garbage disposal building.

                   7.     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

          based on secret information which is the easiest way to

          implicate someone. It is further 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.

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

          anticipatory bail of the petitioner.

                   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 trial court within

          a period of six weeks from today, be released on Provisional
              Patna High Court CR. MISC. No.5217 of 2026(2) dt.02-02-2026
                                                          3/3




                        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 Musrigharari P.S. Case

                        No. 216 of 2025, subject to the conditions as laid down under

                        Section 482(2) of the BNSS.

                                 10. 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 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.

                                 11. At this stage, the learned counsel for the petitioners

                        based on instruction submits that petitioners undertake to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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