Patna High Court
Raushan Sahni @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
Checking your session…