Rajesh Kumar Sahani @ Rajesh SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89888 of 2025
                  Arising Out of PS. Case No.-423 Year-2025 Thana- BANJARIA District- East Champaran
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                 Rajesh Kumar Sahani @ Rajesh Sahani S/O Late Mahendra Sahani R/O
                 Village- Chichurahiya, P.S- Banjariya, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                   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 274 and 275 of

                   B.N.S., 2023 as well as Sections 30(a), 41(1) and 45 of Bihar

                   Prohibition and Excise (Amendment) Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of four cases under the Excise Act

                   and allegation is of recovery of 200 litres of liquor from bank of

                   a river. It is next submitted that petitioner was not arrested from

                   the spot, as such, nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner but then is accessible to

                   villagers at large and he came to be implicated at the instance of
Patna High Court CR. MISC. No.89888 of 2025(2) dt.17-01-2026
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          Chowkidar with whom he is on an inimical term. It is also

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

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

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Rs.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge, Excise Court No.-I, East Champaran, Motihari in

          connection with Banjariya P.S. Case No.423 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 bonds of the petitioner shall verify

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

          found that petitioner has antecedent of more than four cases,
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                         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 has antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T