Patna High Court
Vikash Sahani @ Vikash Kumar sahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to strict conditions.
Summary
Vikash Sahani sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act in connection with an excise case where 55 litres of country‑made liquor and raw materials were seized. The State opposed the relief, citing his prior criminal record. The petitioner relied on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if no offence is made out on the basis of the FIR. The Court, after considering the submissions and noting that nothing was found in the petitioner’s conscious possession, granted anticipatory bail subject to a bond of Rs 10,000 and several conditions, including regular appearance before police and courts and non‑interference with witnesses. The order directs that the bail be released within four weeks of arrest or surrender.
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 criminal antecedent precludes the grant of anticipatory bail.
- Whether the absence of seized goods in the petitioner’s possession justifies anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- criminal antecedent
- excise seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20871 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Vikash Sahani @ Vikash Kumar sahani S/O Late Upendar Sahni R/O Vill.-
Jharkhand Tola, Ward No. 07, P.S.- Puraini, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the State : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Ms. Pooja Prasad, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Udakishunganj Excise P.S. Case No. 105 of
2025 for the offence under sections 30(a) of the Bihar
Prohibition and Excise Act lodged on 05.06.2025 by the
informant, Rinki Kumari.
3. As per the prosecution story, the Police on secret
information constituted a team and raided the place, the
recovery/seizure records as 55 liter of country made liquor nd
105 liter raw materials. This led to the FIR.
4. Learned counsel for the petitioner submits that only
because he has criminal antecedent, implicated by those
Patna High Court CR. MISC. No.20871 of 2026(2) dt.08-04-2026
2/4
inimical to him. He actually is a labour living outside the State,
if granted relief, he shall not indulge in further criminal activity
failure to do so the State shall be taking steps for cancellation of
his bail bond.
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 and an undertaking has been given that he shall not
indulge in any further criminal activity failure to do so the State
shall be taking steps for cancellation of his bail bond, in that
background, this Court is inclined to extend him the privilege of
Patna High Court CR. MISC. No.20871 of 2026(2) dt.08-04-2026
3/4
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
satisfaction of learned District & Additional Sessions Judge-
VII-cum Special Judge Excise-II, Madhepura in connection with
Udakishunganj Excise P.S. Case No. 105 of 2025 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
Patna High Court CR. MISC. No.20871 of 2026(2) dt.08-04-2026
4/4
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
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
Checking your session…