Patna High Court
Raghuveer SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bond, sureties and verification of their criminal antecedents.
Summary
The petitioners, Raghuveer Sahni, Ravindra Rai and Mahesh Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the alleged recovery of 130 litres of liquor. They argued that they were not caught in possession, the liquor was recovered from a public riverbank, and the complaint originated from a hostile chawkidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also directed verification of the petitioners' criminal antecedents, with confirmation of bail contingent on the findings.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the alleged facts and the role of the chawkidar justify denial of bail
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- prohibition
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8950 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Raghuveer Sahni S/O Surendra Sahni Resident of village - Ismailpur, Police
Station- Sadar Hajipur (Kajipur), District - Vaishali.
2. Ravindra Rai Son of Sukhnandan Rai Resident of village - Ismailpur, Police
Station- Sadar Hajipur (Kajipur), District - Vaishali.
3. Mahesh Rai Son of Sagar Rai Resident of village - Samachak, Police Station
- Sadar Hajipur, (Kazipur) District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
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 three cases out of which
two cases are under the Excise Act and petitioner no. 3 is a
person with clean antecedent and allegation is of recovery of
130 litres of liquor from a place near the bond on the bank of
Gandak River.
4. Learned counsel for the petitioners submits that
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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 and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated at the instance
of the Chawkidar with whom they are on an inimical term. It is
next submitted that if the Chawkidar was aware of the
involvement of the petitioners in the occurrence then why he did
not inform the police prior to the institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also 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.
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.15,000/- (Rupees Fifteen
Patna High Court CR. MISC. No.8950 of 2026(3) dt.16-03-2026
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Thousand) each 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 Hajipur Sadar
(Kajipur) P.S. Case No. 01 of 2026, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
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 three
cases and petitioner no. 3 has antecedent of of even one case, 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 three cases and petitioner no. 3 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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