Patna High Court

CR. MISC./56474/2026 of Krishna Sahani @ Tian Sahani @ Toan Sahani @ Krishna Chaudhary Vs The State of Bihar on 13 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56474 of 2026 Arising Out of PS. Case No.-311 Year-2026 Thana- PIPRAKOTHI District- East Champaran ====================================================== Krishna Sahani @ Tian Sahani @ Toan Sahani @ Krishna Chaudhary S/o Satyanarayan Sahani

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56474 of 2026

Arising Out of PS. Case No.-311 Year-2026 Thana- PIPRAKOTHI District- East Champaran ======================================================

Krishna Sahani @ Tian Sahani @ Toan Sahani @ Krishna Chaudhary S/o Satyanarayan Sahani Resident of village - Panditpur Malahi Tola, P.S.- Piprakothi, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Abhishek Kumar

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

13-08-2026

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 Bihar Prohibition and Excise (Amendment) Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 19 litres of liquor from Panditpur Malahi tola.

4. Learned counsel for the petitioner submits 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 Patna High Court CR. MISC. No.56474 of 2026(2) dt.13-08-2026

and is accessible to villagers at large and he came to be implicated at the instance of local person but then it is submitted that if local person was aware of the involvement of the petitioner 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.

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 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 Piprakothi P.S. Case No.311/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

7. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had Patna High Court CR. MISC. No.56474 of 2026(2) dt.13-08-2026

concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

amit/- (Satyavrat Verma, J) U T

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