Mahendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78213 of 2025 Arising Out of PS. Case No.-362 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.

Mahendra Sahani Son of Chandradev Sahani Resident of - Raasmandal, Police Station - Pipra, District - East Champaran. 2.

Harendra Sahani Son of Chandradev Sahani Resident of - Raasmandal, Police Station - Pipra, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2026

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 offence punishable under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case as would manifest from pleading made in supplementary affidavit and petitioner no.2 is a person with clean antecedent and allegation is of recovery of 90 litres of liquor from a place behind the house of Chandradev Sahani. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from

Patna High Court CR. MISC. No.78213 of 2025(3) dt.23-02-2026 2/3 their conscious possession and even alleged recovery is from a place which does not belong to the petitioners but then is adjacent to their house and they came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. 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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (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 Pipra P.S. Case No.362/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than one case and petitioner no.2 has antecedent of even one case, in that event, it would be presumed that petitioners

Patna High Court CR. MISC. No.78213 of 2025(3) dt.23-02-2026 3/3 had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with but if after verification it is found that petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T