Ramkewal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2079 of 2026 Arising Out of PS. Case No.-467 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Ramkewal Sahani Son of Sukdev Sahani @ Sukdev Sahni @ Sukhdev Sahani @ Sukdev Sahni Resident of village - Jhakhiya, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 14.500 litres of liquor from three different shops and from two co-accused persons.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of one of the shop

Patna High Court CR. MISC. No.2079 of 2026(2) dt.27-01-2026 2/3 from which 09 litres of liquor is alleged to have been recovered. It is further submitted that no prudent person would use his own premises for committing a crime and thus, would create evidence against himself and hence, would get implicated and at the same time, would bring disrepute to his business. It is further submitted that that it appears that some customer came and without the knowledge of the petitioner kept liquor for consumption and the petitioner came to be implicated at the instance of chaukidar with whom he is on an inimical term. It is further submitted that if Chaukidar was aware of the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the anticipatory bail application.

6. 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-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial

Patna High Court CR. MISC. No.2079 of 2026(2) dt.27-01-2026 3/3 Court where the case is pending/successor Court in connection with Banjariya P. S. Case No.467 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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 two cases, 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 antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

9. At this stage, the learned counsel appearing on behalf of the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.5,000/- with Lawyers' Association, Patna High Court, Patna. (Satyavrat Verma, J) vikash/- U T