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Patna High Court

Raghuveer SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.8950 of 2026(3) dt.16-03-2026
                                            2/3




          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
                                                       3/3




                     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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