Patna High Court
CR. MISC./46462/2026 of Jitesh Sahni @ Jitesh Kumar @ Jitesh Sahani Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46462 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Jitesh Sahni @ Jitesh Kumar @ Jitesh Sahani S/O Pahadi Sahani @ Jaymangal Sahni R/O
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46462 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur ======================================================
Jitesh Sahni @ Jitesh Kumar @ Jitesh Sahani S/O Pahadi Sahani @
Jaymangal Sahni R/O Village- Hussepur Naya Tola, P.S.- Sahebganj, Distt.- Muzaffarpur, Bihar- 843125.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
15-07-2026
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 offences punishable under Sections 30(a) and 30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 140 liters of liquor along with 1200 liters of semi prepared Mahua solution from diyara area.
4. Learned counsel for the petitioner submits that petitioner was not apprehended 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.46462 of 2026(2) dt.15-07-2026
and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information 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. 15000/- (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 Sahebganj P.S. Case No. 157 of 2026 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 Patna High Court CR. MISC. No.46462 of 2026(2) dt.15-07-2026
the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order 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.
Rishabh/- (Satyavrat Verma, J) U T