Dipak Kumar Sahni @ Dipak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16932 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- GORAUL District- Vaishali ====================================================== Dipak Kumar Sahni @ Dipak Kumar S/o Raghunath Sahani Resident of Village- Rusulpur Daud, P.S.- Goraul (Kathara), District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection with Goraul (Kathara O.P.) P.S. Case No. 55 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
3. As per allegation, 521.25 liters of foreign liquor was recovered from the house of the petitioner.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated. Nothing has been recovered from his conscious physical possession. The allegation against him is fabricated and concocted.
5. On the other hand, the learned APP for the State has
Patna High Court CR. MISC. No.16932 of 2026(2) dt.25-03-2026 2/3 opposed the prayer for bail.
6. Considering the fact that the petitioner was not apprehended on the spot and therefore no recovery has been made from his conscious physical possession and also giving the fact that the search and seizure memo has not been signed by two independent witnesses, thereby putting a question mark on the legality and validity of the seizure itself, I am inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 55 of 2026, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that :- (i) The petitioner shall co-operate in the investigation/ trial.
(ii) The learned Court below would, however, verify
Patna High Court CR. MISC. No.16932 of 2026(2) dt.25-03-2026 3/3 the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) kundan/- U T