Sandip Safi vs The State Of Bihar on 9 March, 2026

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    Patna High Court – Orders

    Sandip Safi vs The State Of Bihar on 9 March, 2026

    Author: Satyavrat Verma

    Bench: Satyavrat Verma

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.9048 of 2026
                         Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
                     ======================================================
                     Sandip Safi S/o Sitaram Safi R/o Village - Budhan Jha Tole Pandaul, P.S -
                     Pandaul, District - Madhubani
    
                                                                                      ... ... Petitioner/s
                                                           Versus
                     The State of Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :       Mr. Ravi Ranjan
                     For the Opposite Party/s :       Mr. Damodar Prasad Tiwary
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                           ORAL ORDER
    
    3   09-03-2026

    1. Heard learned counsel for the petitioner and learned

    A.P.P. for the State.

    SPONSORED

    2. The petitioner apprehends his arrest in a case

    registered for the offence punishable under Sections 30(a),

    41(1), 31(1), 31(2) of Bihar Prohibition and Excise Act.

    3. Learned counsel for the petitioner submits that

    petitioner has antecedent of eight cases under the Excise Act and

    allegation is of recovery of 3062.52 litres of liquor from two

    Scorpio vehicle. It is next submitted that petitioner was not

    arrested from the spot as such nothing was recovered from his

    conscious possession and is not the owner of any of the seized

    vehicle and he came to be implicated at the instance of

    chowkidar but then it is submitted that if chowkidar was aware

    of the involvement of the petitioner in the occurrence then why
    Patna High Court CR. MISC. No.9048 of 2026(3) dt.09-03-2026
    2/3

    he did not inform the police prior to institution of the instant

    FIR which casts an aspersion on the case of the prosecution. It is

    also submitted that once an accused is implicated in a case

    relating to excise, the police starts implicating mechanically

    either through chowkidar, local person, confessional statement

    or secret information without holding a proper investigation.

    4. Learned A.P.P. for the State opposes the prayer for

    anticipatory bail of the petitioner.

    5. 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.40,000/- (Rupees forty 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 Pandaul P.S. Case No.283/2025, subject to

    the conditions as laid down under Section 482(2) of the

    B.N.S.S.

    6. 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

    eight cases, in that event, it would be presumed that petitioner
    Patna High Court CR. MISC. No.9048 of 2026(3) dt.09-03-2026
    3/3

    had 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 eight

    case, in that event the provisional anticipatory bail order shall be

    confirmed forthwith.

    (Satyavrat Verma, J)
    amit/-

    U        T
     



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