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Patna High Court

Shrilal SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.20779 of 2026(2) dt.08-04-2026
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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
Patna High Court CR. MISC. No.20779 of 2026(2) dt.08-04-2026
                                             3/4




          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
            Patna High Court CR. MISC. No.20779 of 2026(2) dt.08-04-2026
                                                        4/4




                      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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