Patna High Court

CR. MISC./57791/2026 of Ajit Sahni @ Ajit Kumar Sahni Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57791 of 2026 Arising Out of PS. Case No.-235 Year-2026 Thana- Excise P.S. District- Madhubani ====================================================== Ajit Sahni @ Ajit Kumar Sahni S/o Bhogendra Sahni R/o Madhia, Kamlabari Ward No. 15, Mariha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57791 of 2026

Arising Out of PS. Case No.-235 Year-2026 Thana- Excise P.S. District- Madhubani ======================================================

Ajit Sahni @ Ajit Kumar Sahni S/o Bhogendra Sahni R/o Madhia, Kamlabari Ward No. 15, Mariha P.S.- Basopatti, Distt- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Nafisu Zzoha, Advocate

For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

19-08-2026

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases under the Excise Act and allegation is of recovery of 405 litres of liquor from a pickup vehilce.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the seized vehicle and came to be implicated based on the confessional statement of Md. Qurban and Md. Abdul Haque in police custody which does not Patna High Court CR. MISC. No.57791 of 2026(2) dt.19-08-2026

have any evidentiary value in the eye of law. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation of the case.

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 appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender 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) 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 Madhubani Sadar Excise P.S. Case No. 235 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than four cases, it would be presumed that petitioner had concealed his Patna High Court CR. MISC. No.57791 of 2026(2) dt.19-08-2026

antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only four cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

Kundan/- (Satyavrat Verma, J) U T

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