Govinda Sahani @ Govinda KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7210 of 2026
                 Arising Out of PS. Case No.-297 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
           1.     Govinda Sahani @ Govinda Kumar S/o- Amirka Sahani @ Amerika Sahani
                  R/v- Sapahi Britiya PS - Raghunathpur Dist- East Champaran
           2.    Dilip Sahani @ Dilip Kumar Sahni S/o- Amirka Sahani @ Amerika Sahani
                 R/v- Sapahi Britiya PS - Raghunathpur Dist- East Champaran
           3.     Ashok Sahani @ Diwani @ Ashok Kumar Sahni S/o- Ramashish Sahani @
                  Ramshish Sahani R/v- Sapahi Britiya PS - Raghunathpur Dist- East
                  Champaran
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Prohibition and Excise (Amendment) Act,

                   2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of two cases under the Excise

                   Act, petitioner no. 2 has antecedent of six cases out of which

                   five cases are under the Excise Act and petitioner no. 3 has

                   antecedent of five cases under the Excise Act and allegation is

                   of recovery of 150 litres of liquor from the bank of Dhanauti
Patna High Court CR. MISC. No.7210 of 2026(2) dt.19-02-2026
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          River.

                       4. Learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners but then is accessible to villagers at large. It is further

          submitted that petitioners came to be implicated at the instance

          of the local person and spy. 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, secret information or confessional

          statement without holding a proper investigation of the case. It

          is also submitted that petitioners earlier in similar manner came

          to be implicated.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their arrest or surrender 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
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                     satisfaction of the learned trial court where the case is

                     pending/Successor Court in connection with Raghunathpur P.S.

                     Case No. 297 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 petitioners and

                     if it is found that petitioner no. 1 has antecedent of more than

                     two cases, petitioner no. 2 has antecedent of more than six cases

                     and petitioner no. 3 has antecedent of more than five cases, it

                     would be presumed that petitioners had concealed their

                     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 no. 1 has antecedent of only two cases, petitioner no.

                     2 has antecedent of only six cases and petitioner no. 3 has

                     antecedent of only five cases in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T