Patna High Court
Shrilal SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where no offence is made out under the Bihar Prohibition and Excise Act, notwithstanding the bar in Section 76(2).
Summary
Shrilal Sahni applied for anticipatory bail fearing arrest in a case under sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act after 15 litres of country-made liquor were seized and he was identified by a chowkidar. The petitioner contended that he had no conscious possession of the liquor and that the earlier case against him was used to implicate him. The State opposed, citing the petitioner’s criminal antecedent. The Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in Section 76(2) if no offence is made out. Accordingly, the Court granted anticipatory bail with a cash bond of Rs 10,000 and six specific conditions, including regular appearances before police and the trial court and a prohibition on tampering with evidence.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s lack of conscious possession negates the existence of an offence under sections 30(a) and 30(d).
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- conscious possession
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20779 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- Chhaudahi District- Begusarai
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Shrilal Sahni Son of Late Baunu Sahni Resident of Village- Ekamba, P.S.-
Chhaurahi, Dist.- Begusarai, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shreekant Vaidya, Advocate
For the State : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Chhaurahi P.S. Case No. 16 of 2026 for the
offence under sections 30(a) and 30(d) of the Bihar Prohibition
and Excise Act lodged on 30.01.2026 by the informant, Roshan
Prasad.
3. As per the prosecution story, the Police on secret
information reached near the pond and there is recovery/seizure
of 15 liter country made liquor. The Chowkidar named this
petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that
earlier he was made accused in one case relating to the Excise
Act and this gave opportunity to Chowkidar to implicate him, he
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has no role to play in the matter nor anything recovered from his
conscious possession.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
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satisfaction of learned District and Additional Sessions Judge-3-
cum-Exclusively Special Excise Court-1, Begusarai in
connection with Chhaurahi P.S. Case No. 16 of 2026 subject to
the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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