Patna High Court

Om Prakash SahaniversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied as the petitioner’s prior similar criminal antecedents and the absence of a prima facie case warranted refusal.

Summary

The petitioner, Om Prakash Sahani, sought anticipatory bail in a case (Banjariya PS Case No. 586 of 2025) involving alleged contravention of Sections 30(a), 329(2) and 41(1)(2) of the Bihar Prohibition and Excise Act, where 466.02 litres of liquor were recovered from a vehicle. He claimed he was neither the owner nor the driver and had no knowledge of the liquor, asserting that no prima facie case existed against him. The State opposed bail, highlighting four prior similar criminal antecedents. The court noted the petitioner’s criminal history and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and consequently declined to grant anticipatory bail. The court directed that if the petitioner surrenders within six weeks, a regular bail application may be considered on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offenses.
Whether the petitioner’s prior criminal antecedents and lack of ownership or driver status preclude anticipatory bail.
Whether compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is required for granting anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
bail denial
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
criminal antecedents
prima facie case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15517 of 2026
                  Arising Out of PS. Case No.-586 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Om Prakash Sahani Son of Ashok Sahani R/o Village - Chilwaniya, P.S. -
                 Banjariya, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Banjariya P.S. Case No. 586 of 2025 instituted for the

                   offences under Sections 30(a), 3291)(2), 41(1)(2) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 466.02

                   litres of liquor was recovered from Bolero vehicle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is neither the

                   owner nor the driver of the vehicle. The petitioner has got no

                   knowledge and concern with the alleged recovery of liquor.
           Patna High Court CR. MISC. No.15517 of 2026(2) dt.12-03-2026
                                                       2/2




                     Learned counsel, therefore, submitted that prima-facie, no case

                     is made out against the petitioner. The petitioner has five

                     criminal antecedents. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                 5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner stating that the

                     petitioner has four criminal antecedents of similar nature.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as also the fact that petitioner bears four criminal

                     antecedents of similar nature, this Court is not inclined to grant

                     anticipatory bail to the petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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