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Patna High Court

Raushan Sahni @ Raushan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to a bond and verification of the petitioner's antecedent.

Summary

The petitioner, Raushan Sahni, applied for anticipatory bail after being apprehended in a case involving alleged recovery of 375 ml of liquor from a motorcycle and multiple offences under the B.N.S., 2023 and the Bihar Prohibition and Excise Act. He asserted that he has a clean antecedent, was not arrested on the spot, and was not the owner of the seized vehicle, while also claiming that a large crowd forced him to flee. The State opposed the bail, citing the serious nature of the offences and the alleged use of force against police. The Court, considering the petitioner's clean record and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs 500 with two sureties and verification of his antecedent by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under Sections 191(2), 190, 126(2), 115(2), 109, 324(2), 132, 121(2), 262, 263 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner's claim of a clean antecedent and lack of immediate arrest justify the grant of bail.
  • Whether the alleged disturbance of public order and attempt to set a police vehicle on fire affect the bail decision.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 121(2), 126(2), 132, 190, 191(2), 262, 263, 324(2)
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • clean antecedent
  • liquor seizure
  • public disturbance
  • provisional bail
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.871 of 2026
                       Arising Out of PS. Case No.-98 Year-2025 Thana- MORO District- Darbhanga
                 ======================================================
                 Raushan Sahni @ Raushan Kumar Son of Mithilesh Sahni Resident of
                 Village- Saidpur Gobersaitha, P.S.- Moro, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 191(2), 190, 126(2),

                   115(2), 109, 324(2), 132, 121(2), 262 and 263 of B.N.S., 2023

                   as well as Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 375 ml. of liquor from a motorcycle. It is next

                   submitted that 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. It is next submitted that

                   petitioner is alleged to have been apprehended by the police but

                   then 80-100 people gathered and made the petitioner flee from
Patna High Court CR. MISC. No.871 of 2026(2) dt.19-01-2026
                                            2/3




          the place of occurrence after pelting stone and bricks on the

          force and even tried to set the police vehicle on fire. It is

          submitted that even minor girls have been made accused in the

          instant case. It is also submitted though it is alleged that the

          accused persons used force and tried to set the police vehicle on

          fire but then no public property was destroyed.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner and taking into consideration the fact

          that petitioner is a person with clean antecedent, the petitioner,

          above-named, in the event of his arrest or surrender before the

          learned Court below within a period of six weeks, is directed to

          be released on provisional anticipatory bail on his furnishing

          bail-bond in the sum of Rs500/- (Rupees Five Hundred) with

          two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Judge-II, (Excise Act), Darbhanga in

          connection with Moro P.S. Case No.98 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.871 of 2026(2) dt.19-01-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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