Abdhesh Sahani @ Abadh Kishore Sahni @ Abdhesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.268 of 2026 Arising Out of PS. Case No.-528 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== 1.

Abdhesh Sahani @ Abadh Kishore Sahni @ Abdhesh S/o Shiv Janam Sahni R/o Village - Khajauli, P.S - Lalganj, District - Vaishali 2.

Sudish Sahni @ Sudisht Sahni @ Sudish Kishor S/o Shiv Janam Sahni R/o Village - Khajauli, P.S - Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-01-2026

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 Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, Abdhesh Sahani @ Abadh Kishore Sahni @ Abdhesh, who was arrested during pendency of the instant anticipatory bail application.

4. Permission is accorded.

5. Learned counsel submits that petitioner no.2 has

Patna High Court CR. MISC. No.268 of 2026(2) dt.15-01-2026 2/3 antecedent of one case and allegation is of recovery of 140 litres of liquor along with 20000 litres of Jawa Mahua, which was destroyed from bank of Gandak river. 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 is accessible to public at large and he came to be implicated at the instance of local person but then the name of person who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.

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

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, above-named, in the event of his 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) 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 Lalganj P.S. Case No.528/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

Patna High Court CR. MISC. No.268 of 2026(2) dt.15-01-2026 3/3

6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioner no.2 and in the event if it is found that petitioner no.2 has antecedent of more than one case, in that event, it would be presumed that petitioner no.2 had concealed his 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.2 has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T