Anil Sahni @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80520 of 2025 Arising Out of PS. Case No.-556 Year-2025 Thana- GORAUL District- Vaishali ====================================================== 1.
Anil Sahni @ Anil Kumar Son of Nandlal Sahni R/o Rasalpur Daud, P.S.- Goraul(O.P. Kathara), Dist- Vaishali.
2.
Anand Sahni @ Anand Kumar Son of Rambabu Sahni R/o Rasalpur Daud, P.S.- Goraul(O.P. Kathara), Dist- Vaishali.
3.
Sunil Sahni @ Sunil Kumar Sahni Son of Nandlal Sahni R/o Rasalpur Daud, P.S.- Goraul(O.P. Kathara), Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2025 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 petitioner no. 1 has antecedent of four cases and petitioner nos. 2 and 3 have antecedent of one case and allegation is of recovery of 564 litres of liquor from two four-wheelers and three motorcycles parked in front of the house of the petitioners. 4.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.80520 of 2025(2) dt.10-12-2025 2/3 petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place which is adjacent to their house and are not the owner of any of the seized vehicles, but then since they have antecedent as such chowkidar identified and implicated them.
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. 20,000/- (Rupees Twenty 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 Goraul (Kathara OP) P.S. Case No. 556 of 2025, 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 petitioner no. 1 has antecedent of more than four cases and petitioner nos. 2 and 3 have antecedent of
Patna High Court CR. MISC. No.80520 of 2025(2) dt.10-12-2025 3/3 more than 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 that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of four cases and petitioner nos. 2 and 3 have antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T