Patna High Court
Sanjit SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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