Aklu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12469 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- PIPRAHI District- Sheohar ====================================================== Aklu Sahni, Son of Late Brahamdev Sahni Resident of Belwa Narkatiya, Ward No. 01, P.S. - Piprahi, District - Sheohar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2025

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 is a person with clean antecedent and the allegation is of recovery of 22.5 litres of liquor from corner of a shop.

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. It is further submitted that after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away

Patna High Court CR. MISC. No.12469 of 2025(2) dt.28-03-2025 2/3 with. It is next submitted that no prudent person would keep liquor in his shop and thus, would create evidence against himself and hence, would get implicated. It is further submitted that from perusal of the allegation, it manifests that the liquor was recovered from corner of a shop, as such, it may be a possibility that some customer, who had come, may have left the liquor near the corner of a shop, which is a place near the gate.

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 bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Sheohar in connection with Piprahi P. S. Case No.200 of 2024, 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

Patna High Court CR. MISC. No.12469 of 2025(2) dt.28-03-2025 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T