Patna High Court
CR. MISC./48398/2026 of Dinesh Sahni Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48398 of 2026 Arising Out of PS. Case No.-166 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== Dinesh Sahni Son of Ram Chandra Sahani Resident of Village- Bakhar Chandiha, Ward No. 03, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48398 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- SUPPI District- Sitamarhi ======================================================
Dinesh Sahni Son of Ram Chandra Sahani Resident of Village- Bakhar Chandiha, Ward No. 03, P.S.- Purnahiya, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Subodh Kumar, Advocate
For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
24-07-2026
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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases under the Excise Act and allegation is of recovery of 792 litres of liquor from the bank of Bagmati River.
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 the alleged recovery is from a place which does not belong to the petitioner but then is accessible to villagers at large. It is further submitted that petitioner came to be implicated at the instance of the Patna High Court CR. MISC. No.48398 of 2026(2) dt.24-07-2026
Chawkidar with whom he is on an inimical term. 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. It is also submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise.
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.25,000/- (Rupees Twenty-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 Suppi P.S. Case No. 166 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 five Patna High Court CR. MISC. No.48398 of 2026(2) dt.24-07-2026
cases, it would be presumed that petitioner had concealed his 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 five cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T