Tuntun Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29838 of 2026 Arising Out of PS. Case No.-673 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== 1.
Tuntun Sahani S/O Rama Sahani R/O vill.- Baijalpur, P.S- Paru, Dist - Muzaffarpur 2.
Munna Sahni S/o Rama Sahni R/o village-Baijalpur, P.S- Paru, DistrictMuzaffarpur. 3.
Bhola Sahni S/o Rama Sahni R/o village- Baijalpur, P.S- Paru, DistrictMuzaffarpur. 4.
Rama Sahni S/o Kewal Sahni R/o village-Baijalpur, P.S- Paru. DistrictMuzaffarpur 5.
Ranjan Sahni S/o Lalbabu Sahni R/o village-Baijalpur, P.S- Paru, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhyanand For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-05-2026
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 Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 410 liters of liquor along with 20000 liters of Jawa Mahua solution from a place near bank of Gandak river.
Patna High Court CR. MISC. No.29838 of 2026(2) dt.04-05-2026 2/3
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and they came to be implicated at the instance of Chowkidar, but then it is submitted that if Chowkidar was aware of the involvement of the petitioners in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution, 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 before the learned Trial Court 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 Paroo P.S. Case No. 673 of 2025 subject to the conditions as laid down
Patna High Court CR. MISC. No.29838 of 2026(2) dt.04-05-2026 3/3 under 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 any of the petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to the petitioner who had concealed his antecedent, but after verification if it is found that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T