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Patna High Court

Sanjit SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond and surety conditions, pending verification of the petitioner’s antecedents.

Summary

The petitioner, Sanjit Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 45 litres of liquor were recovered from a paddy field adjacent to his house. He argued that he was not arrested at the spot, no liquor was found in his possession, and the complaint originated from a chowkidar whose prior knowledge of his involvement was questionable. The State opposed the bail, contending that the offence warranted arrest. The Court examined the lack of direct possession, the procedural lapses in the investigation, and the petitioner’s antecedent record. It granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the police investigation and the FIR are sufficient to justify arrest.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • police investigation
  • Section 30
  • Section 482
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91670 of 2025
                   Arising Out of PS. Case No.-334 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Sanjit Sahni S/o Rajdeo Sahani R/o village - Manjhagarh (Mungarha), P.S. -
                 Manjhagarh, District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anand Vardhan
                 For the Opposite Party/s :      Mr. Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 45 litres of liquor from a paddy field

                   near the house of the petitioner.              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 adjacent to his house and he came to be implicated at

                   the instance of chowkidar but then it is submitted that if
Patna High Court CR. MISC. No.91670 of 2025(2) dt.13-01-2026
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          chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution. It is next submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees five thousand) 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

          Manjhagarh P.S. Case No.334/2025, subject to the conditions as

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

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.91670 of 2025(2) dt.13-01-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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