Patna High Court
Lal Babu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 274, 275
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
Checking your session…