Patna High Court
Indrajeet SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Indrajeet Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 71.28 litres of liquor from a public place and asserting that nothing was found in his possession. He highlighted his prior five criminal cases, three of which were under the Excise Act, and contended that the investigation relied on secret information without proper inquiry. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties, a six‑week period for surrender or arrest, and verification of his antecedent; if more than five prior cases are found, the bail would not be confirmed. The petitioner also agreed to deposit Rs.5,000 with the Patna High Court Advocate Association. The order is subject to compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the alleged facts and his prior criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5621 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- MUSRIGHRARI District- Samastipur
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Indrajeet Sahni S/o Devan Sahni R/o ward No. 02, Gohda, Gohada, Rupali,
Rupali, Buzurg, P.S.- Musrigharari, Distt- Samastipur, Bihar-848132
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which three cases
are under the Excise Act and allegation is of recovery of 71.28
litres of liquor from a place near the road.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large. It is further submitted that
petitioner came to be implicated based on the secret information
Patna High Court CR. MISC. No.5621 of 2026(2) dt.03-02-2026
2/3
which is the easiest way to implicated some one. It is next
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, confessional statement
or secret information without holding a proper investigation of
the case.
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, let 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.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 Musrigharari P.S. Case No. 233 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./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 if
it is found that petitioner has antecedent of more than five cases,
Patna High Court CR. MISC. No.5621 of 2026(2) dt.03-02-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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