Dharmendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11860 of 2026 Arising Out of PS. Case No.-760 Year-2025 Thana- GORAUL District- Vaishali ====================================================== 1.

Dharmendra Sahni Son of Gopal Sahni @ Gopal Sahani Resident of Village - Rasulpur Fatah, P.S.- Goraul (Katahara), District - Vaishali. 2.

Brijesh Sahni @ Brijesh Son of Nandu Sahni Resident of Village - Rasulpur Fatah, P.S.- Goraul (Katahara), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of three case and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 157.64 litres of liquor from a bush.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged

Patna High Court CR. MISC. No.11860 of 2026(2) dt.24-02-2026 2/3 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of Chowkidar but then it is submitted that if the Chowkidar was aware about the involvement of the petitioners 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 also submitted that since petitioner no. 1 has antecedent of three cases hence Chowkidar got him implicated along with his brother with a view to save the real culprit. 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, 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 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 Goraul (Katahara) P.S. Case No. 760 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.11860 of 2026(2) dt.24-02-2026 3/3 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than three case and petitioner no. 2 has antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of three case and petitioner no. 2 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T