Ashok Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78442 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ashok Sahani S/O Late Laddu Lal Sahani R/O Vill.- Basahi, P.s.- Cheriyabariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(2), 32(3) and 41 of Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedents of six cases and allegation is of recovery of 510.375 litres of liquor from an orchard and three motorcycles were seized. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he is not the owner of the seized vehicle and he came to be implicated at the

Patna High Court CR. MISC. No.78442 of 2025(2) dt.03-12-2025 2/3 instance of Chowkidar with whom he is on an inimical term. It is also submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution. It is further submitted that since petitioner has antecedents, as such, informant got him implicated through the Chowkidar without holding proper investigation. It is next submitted that investigation in the case against the petitioner is still continuing.

4. Learned A.P.P. opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-Ist, Begusarai in connection with Cheriya Bariyarpur P.S. Case No.146 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

Patna High Court CR. MISC. No.78442 of 2025(2) dt.03-12-2025 3/3

7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than six cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his 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 has antecedents of only six cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sanjay/- U T