Patna High Court
CR. MISC./46459/2026 of Mithlesh Sahani @ Mithlesh Kumar Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46459 of 2026 Arising Out of PS. Case No.-154 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Mithlesh Sahani @ Mithlesh Kumar Son of Mahendra Sahani @ Mahendra Sahni Resident of
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46459 of 2026
Arising Out of PS. Case No.-154 Year-2026 Thana- BANJARIA District- East Champaran ======================================================
Mithlesh Sahani @ Mithlesh Kumar Son of Mahendra Sahani @ Mahendra Sahni Resident of Village- Chichrohiya, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Raki Alam, Advocate
For the Opposite Party/s :
Mr. Rabindra Kumar, 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, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases under the Excise Act and allegation is of recovery of 100 liters of liquor from a jute bag.
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 and he came to be implicated at the instance of Chowkidar with Patna High Court CR. MISC. No.46459 of 2026(2) dt.15-07-2026
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. 25000/- (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 Banjariya P.S. Case No. 154 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 five cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his Patna High Court CR. MISC. No.46459 of 2026(2) dt.15-07-2026
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 five cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T