Dilip Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17202 of 2026 Arising Out of PS. Case No.-1336 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Dilip Sahni Son of Babulal Sahni Resident of village- Manikpur, Ward no 10, PS- Minapur, District -Muzaffapur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Ms. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(3) and 34 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 46 litres of spirit along with 20.995 litres of liquor from a room in front of the cowshed of the house of Babu Lal Sahani.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the room in front of the cowshed is outside the house. It is further submitted that no prudent person would use his own premises for committing
Patna High Court CR. MISC. No.17202 of 2026(2) dt.19-03-2026 2/3 an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that it appears that someone inimical to the family concealed meager amount of spirit and liquor with an intent to implicate the entire family members, when petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner, above-named, in the event of his 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) 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 Excise P.S. Case No. 1336 of 2025, 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 Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.17202 of 2026(2) dt.19-03-2026 3/3 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 petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T