Created by Fuzzy Cloud

Patna High Court

Ranjeet Sahani @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent, with confirmation contingent on the number of prior cases.

Summary

The petitioner, Ranjeet Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, wherein liquor was allegedly recovered from a motorcycle and a straw house linked to him. He contended that he was not in possession of the seized liquor, did not own the vehicle, and that the straw house was a communal structure, suggesting a malicious framing by an adversary. The State opposed the bail, emphasizing the petitioner’s antecedent of five prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed verification of his criminal antecedent. It further stipulated that if the verification reveals more than five prior cases, the bail would not be confirmed, whereas confirmation would follow if the antecedent is limited to five cases.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in an excise case under Section 30(a) of the Bihar Excise Act considering his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • criminal antecedent
  • bail bond
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7133 of 2026
                      Arising Out of PS. Case No.-1 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Ranjeet Sahani @ Ranjeet Kumar Son of Chote Sahani R/o Village - Banaul,
                 P.S. - Bokhara, Dist.- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 375 ml of liquor from a motorcycle

                   along with 1.875 litres of liquor from a straw house of the

                   petitioner.

                             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 is not the owner

                   of the seized vehicle and the straw house is a place outside the
Patna High Court CR. MISC. No.7133 of 2026(2) dt.19-02-2026
                                            2/3




          house and thus is accessible to villagers at large. It is next

          submitted that it appears that someone inimical to the petitioner

          concealed meagre amount of liquor with an intent to implicate

          the entire family members.              It is further submitted that no

          prudent person would use his own premises for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically.

                   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. 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 Nanpur P.S. Case No.

          001 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 Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.7133 of 2026(2) dt.19-02-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than five

                        cases 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 five cases, in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

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

Sign in to read

Checking your session…

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