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Patna High Court

Kanhaiya Kumar Sahu @ Kanhaiya SahuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused on account of the petitioner’s prior criminal antecedents of similar nature.

Summary

The petitioner, Kanhaiya Kumar Sahu, sought anticipatory bail in a case under the Bihar Prohibition and Excise Act for alleged offences under Sections 30(a), 32(1), 32(2), 36, 41(1) and 41(2) after 714.240 litres of country‑made liquor were seized. The prosecution argued that the petitioner was implicated based on suspicion, while the defence highlighted the absence of any incriminating material in his possession. The State opposed bail, pointing out that the petitioner has seven prior criminal convictions, three of which are of a similar nature. The court considered the seriousness of the antecedents and the nature of the alleged offences. Consequently, the court refused the petitioner's prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the allegations being based on suspicion and no material seized from his possession
  • Whether the petitioner’s prior criminal antecedents, especially those of similar nature, justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • bail refusal
  • excise offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15441 of 2026
                     Arising Out of PS. Case No.-74 Year-2025 Thana- SINDHIYA District- Samastipur
                 ======================================================
                 Kanhaiya Kumar Sahu @ Kanhaiya Sahu Son of Gulchna Sahu @ Gulachan
                 Sahu @ Gulachan Sahu R/o Village - Singhiya, P.S. - Singhiya , District -
                 Samastipur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :       Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 30(a), 32(1), 32(2), 36,

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

                                3. As per prosecution case, total 714.240 liters of

                   country made liquor was recovered from different spots.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

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

                   bail and submits that the petitioner has got seven criminal

                   antecedents out of which three are of similar nature.
              Patna High Court CR. MISC. No.15441 of 2026(2) dt.04-05-2026
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                                     6. Considering the criminal antecedents of similar

                        nature, prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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