Shushil Sahni @ Soshil Sahni @ Sushil Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44379 of 2026 Arising Out of PS. Case No.-163 Year-2026 Thana- NAANPUR District- Sitamarhi ====================================================== 1.
Shushil Sahni @ Soshil Sahni @ Sushil Sahni S/o Kishori Sahni R/o Village - Gauri, ward no. 10, P.S. Nanpur, District - Sitamarhi 2.
Gujari Devi W/o Late Nathuni Sahni R/o Village - Gauri, ward no. 10, P.S. Nanpur, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case under the Excise Act and the allegation is of recovery of 20 litres of liquor from house of Neelam Devi and 30 litres of raw solution which was destroyed.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.44379 of 2026(2) dt.08-07-2026 2/3 petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged recovery is from a house, which does not belong to the petitioners and petitioners have no concern or relation with Neelam Devi and he came to be implicated based on confessional statement of Neelam Devi in police custody which does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail application.
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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) 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 Nanpur P. S. Case No.163 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall
Patna High Court CR. MISC. No.44379 of 2026(2) dt.08-07-2026 3/3 verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of even one case and petitioner no.2 has antecedent of more than one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T