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Patna High Court

Indrajeet SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                 ======================================================
                 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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