Ajit Sahni @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86895 of 2025 Arising Out of PS. Case No.-222 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Ajit Sahni @ Ajit Kumar Son of Gariban Sahni Resident of Village- Tataila, Ganauli Tole, P.S.- Kamtaul, Dist- Darbhanga. 2.

Hardev Sahni Son of Gariban Sahnni Resident of Village- Tataila, Ganauli Tole, P.S.- Kamtaul, Dist- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 12 litres of liquor from a place beneath a bamboo tree in an orchard. It is next submitted that petitioners were not arrested 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 petitioners and is accessible

Patna High Court CR. MISC. No.86895 of 2025(2) dt.24-12-2025 2/3 to public at large and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term. It is also submitted that if the 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.

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

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, are directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Special Judge-I, (Excise Act), Darbhanga in connection with Kamtaul P.S. Case No.222 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event,

Patna High Court CR. MISC. No.86895 of 2025(2) dt.24-12-2025 3/3 if it is found that petitioners have antecedent of even 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 petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sanjay/- U T