Pitambar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14501 of 2026 Arising Out of PS. Case No.-304 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.
Pitambar Sahani son of Hari Sahani Resident of village- Godigawa Po- Mali, PS -Sugauli District- East Champaran 2.
Sanjeet Sahani Son of Suresh Sahani Resident of village- Godigawa PoMali, PS -Sugauli District- East Champaran 3.
Chanda Sahani Son of Puja Sahani @ Kuja Sahani Resident of villageGodigawa Po- Mali, PS -Sugauli District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2026
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 Sections 272 and 273/34 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 20 litres of liquor from a bamboo orchard.
4. Learned counsel for the petitioners submits that 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.14501 of 2026(2) dt.13-03-2026 2/3 recovery is from an orchard which does not belong to the petitioners. It is further submitted that petitioners came to be implicated at the instance of the local person but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution. It is next submitted that the police in a mechanical manner investigate and implicate without holding a proper investigation of the case. It is reiterated and submitted that petitioners are persons with clean antecedent.
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, let 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.500/- (Rupees Five Hundred) 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 Sugauli P.S. Case No. 304 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.14501 of 2026(2) dt.13-03-2026 3/3 Court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T