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Patna High Court

Lal Babu SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Lal Babu Sahni, was implicated in PS Deoria Case No. 273 of 2024 for alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act after 40 litres of illicit liquor were seized from a motorcycle. The petitioner argued that he neither owned nor drove the vehicle and that no incriminating material was found in his possession, contending that the accusation was based solely on suspicion. The State opposed the petition for anticipatory bail, highlighting three prior similar criminal antecedents against the petitioner. The Court considered the seriousness of the alleged offences and the petitioner’s criminal history. Consequently, the Court refused the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the lack of direct possession of the seized liquor
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • criminal antecedents
  • bail refusal
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20024 of 2026
                    Arising Out of PS. Case No.-273 Year-2024 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Lal Babu Sahni S/o Naresh Sahni R/o Village - Hussepur, Naya Tola, P.S.-
                 Sahebganj, District - Muzaffarpur,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Deoria P. S. Case

                   No. 273 of 2024 registered for the offences punishable under

                   Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 40 liters illicit liquor was

                   recovered from the seized motorcycle.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the vehicle in question. 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 three criminal
              Patna High Court CR. MISC. No.20024 of 2026(2) dt.08-04-2026
                                                          2/2




                        antecedents of similar nature.

                                     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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