IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59183 of 2026 Arising Out of PS. Case No.-413 Year-2026 Thana- SARAIYA District- Muzaffarpur ====================================================== 1. Jagdish Sahani S/O Late Sathu Sahani R/O Vill.- Chakbazo, P.S.- Saraiya, Dist.- Muzaffarpur 2. Sanjit Sahani @ Sanjit Kumar S/O Jagdish Sahani R/O Vill.- Chakbazo, P.S.- Saraiya, Dist.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 21-08-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their 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 petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 100 litres of liquor from the door of the co-accused persons. 4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the Patna High Court CR. MISC. No.59183 of 2026(2) dt.21-08-2026 2/3 petitioners and they came to be implicated at the instance of the Chawkidar with whom they are on an inimical term. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) each 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 Saraiya P.S. Case No. 413 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 petitioners and if it is found that petitioners have antecedent of even one case, it would be presumed that petitioners had concealed their 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 Patna High Court CR. MISC. No.59183 of 2026(2) dt.21-08-2026 3/3 petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. Kundan/- (Satyavrat Verma, J) U T