Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28808 of 2026 Arising Out of PS. Case No.-113 Year-2026 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Suresh Sahni S/O Late Ganga Sahni R/O Village- Dardha Chausaj,Dardha Chauraj P.S- Sakra, District- Muzaffarpur.

2.

Lakhindra Sahni S/O Baiju Sahni R/O Village- Dardha Chausaj, Dardha Chauraj, P.S- Sakra, District- Muzaffarpur.

3.

Mithun Sahni S/O Kishori Sahni R/O Village- Dardha Chausaj, Dardha Chauraj, P.S- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2026 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 274 and 275 of the BNS and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 380 litres of liquor from near Sardha Ghat near bank of Buddi Gandak river.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.28808 of 2026(2) dt.30-04-2026 2/3 recovered from their conscious possession and even the alleged 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 based on secret information which is the easiest way to implicate someone without holding a proper investigation, when petitioners admittedly 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, 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 Sakra P.S. Case No. 113 of 2026 subject to the conditions as laid down under Section Section 482(2) of the BNSS.

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 petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of

Patna High Court CR. MISC. No.28808 of 2026(2) dt.30-04-2026 3/3 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 petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T