Pawan Sahni @ Pawan Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Pawan Sahni @ Pawan Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: on arrest or surrender within six weeks, release on bail bonds of Rs.20,000/- with two sureties of the like amount each, subject to Section 482(2) B.N.S.S. conditions; confirmation by the trial court contingent on verification of criminal antecedents (four cases - confirmed forthwith; more than four cases - presumed concealment, not confirmed).

Issue for consideration

Whether the petitioner, who apprehends arrest in Lalganj P.S. Case No.73/2024 registered for offences under Sections 420, 467, 468, 471, 120(B) of the IPC and Sections 30(a), (c), (d) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within six weeks, he shall be released on provisional anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

The learned trial court shall thereafter verify the petitioner's criminal antecedents: if it is found that the petitioner has antecedent of more than four cases, it would be presumed that he concealed his antecedents before this court and the provisional anticipatory bail order shall not be confirmed; if it is found that he has antecedent of four cases, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court - Criminal Miscellaneous No.17555 of 2025 - Pawan Sahni @ Pawan Kumar, apprehending arrest in Lalganj P.S. Case No.73/2024 (District Vaishali) registered for offences under Sections 420, 467, 468, 471 and 120(B) of the IPC and Sections 30(a), (c), (d) of the Bihar Prohibition and Excise Act (alleged recovery of 222.5 litres of liquor near a river bank), granted provisional anticipatory bail: upon arrest or surrender within six weeks, release on furnishing bail bonds of Rs.20,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S.; trial court directed to verify criminal antecedents - if more than four cases found, concealment presumed and the provisional order shall not be confirmed, whereas if four cases found, the order shall stand confirmed forthwith. (Satyavrat Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17555 of 2025

Arising Out of PS. Case No.-73 Year-2024 Thana- LALGANJ District- Vaishali

======================================================

Pawan Sahni @ Pawan Kumar S/O Jaleshwar Sahni Resident of VillageKhajauli, P.S. Lalganj, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Shyam Kumar Singh

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 17-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the IPC & Sections 30(a) (c) (d) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 222.5 litres of liquor from a place near bank of a river. It is next submitted that petitioner was not arrested 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 is accessible to public at large and he came to be implicated at the instance of chowkidar

Patna High Court CR. MISC. No.17555 of 2025(3) dt.17-12-2025 2/3

but then it is submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation either through chowkidar, local person, confessional statement or secret information.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty 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 Lalganj P.S. Case No.73/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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 four cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the

Patna High Court CR. MISC. No.17555 of 2025(3) dt.17-12-2025 3/3

provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of four cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/-

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