Jagdish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1858 of 2026 Arising Out of PS. Case No.-165 Year-2025 Thana- Excise P.S. District- Sheohar ====================================================== Jagdish Sahni S/O Mahendra Sahni R/O village - Dekuli Dharampur, P. S - Piprahi, District - Sheohar, Presently Residing at Nagar Parishad Sheohar, Ward No - 16 ,P. S and District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 8.640 litres of liquor from a rented room of the house of Sunil Kumar.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a rented room which does not belong to the

Patna High Court CR. MISC. No.1858 of 2026(2) dt.22-01-2026 2/3 petitioner and he is not a tenant of Sunil and he came to be implicated at the instance of Sunil. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation.

5.

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

6.

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) 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 Madhya Nished Sheohar P.S. Case No. 165 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order

Patna High Court CR. MISC. No.1858 of 2026(2) dt.22-01-2026 3/3 shall not be confirmed, but after verification if it is found that petitioner has antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) sanjay/- U T