Patna High Court
Ram Babu Sahni @ Ram Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Ram Babu Sahni applied for anticipatory bail after being implicated in a case involving the manufacturing and sale of illicit country-made liquor. The police raid on a co-accused's house recovered 50 litres of illicit liquor and equipment, and the petitioner was alleged to have protested, freed an arrested person and threatened the police. The petitioner contended that he had no involvement and that his name was disclosed only by the arrested co-accused. The court noted that the liquor was recovered from the co-accused's premises, not the petitioner's, and that the allegations did not warrant denial of bail. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of involvement in the illicit liquor offence
- Whether the disclosure of the petitioner's name by co-accused persons suffices to justify denial of bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to grant anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 121(1), 132, 190, 263
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bihar Prohibition Act
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18533 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Ram Babu Sahni @ Ram Babu Kumar S/o- Ram Kumar Sahni R/v-
Bhagwatpur Dharampur Ps Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Vaishali Police Station Case No. 24 of 2026, dated
09.01.2026, disclosing offence under Sections
190/132/121(1)/263 of the Bhartiya Nyaya Sanhita, 2023
and Sections 30(a)/45 of the Bihar Prohibition and Excise
Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that Gautam Sahni
and Bandhan Kumari are indulged in the manufacturing
and sale of illicit country-made liquor in their house,
raided the house of Gautam Sahni, and on seeing the
police, the persons who were manufacturing the illicit
Patna High Court CR. MISC. No.18533 of 2026(2) dt.08-04-2026
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liquor, started fleeing away, but the police apprehended
three persons out of them, who disclosed their names as
Gautam Sahni, Satyendra Sahni and Ajit Kumar. In the
mean while, the petitioner, along with nine other persons,
gathered there and started protesting against the police
and also freed one of the apprehended person, namely,
Ajit Kumar. The petitioner, along with others abused the
police, and threatened the police to inflict knife blows
upon them. On search of the house of the co-accused
Gautam Sahni, the police recovered 50 litres of illicit
country-made liquor and equipment for manufacturing
country-made liquor.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case on the disclosure of his names by the arrested
co-accused persons. He further submits that the petitioner
has got no concern with the illicit liquor recovered
inasmuch as the illicit liquor has been recovered from the
house of co-accused Gautam Sahni and not this petitioner.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the illicit liquor has been recovered from the
Patna High Court CR. MISC. No.18533 of 2026(2) dt.08-04-2026
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house of co-accused Gautam Sahni and not from the
vehicle or premises of this petitioner and the name of the
petitioner has been disclosed by the arrested co-accused
persons, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Court No. 2, Vaishali, at Hajipur, in connection with
Vaishali Police Station Case No. 24 of 2026, subject to
the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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