Patna High Court
Lalit SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Lalit Sahni, was implicated in a case (Excise P.S. Case No.78 of 2026) for alleged possession of 585 litres of illicit liquor recovered from three seized motorcycles. The prosecution alleged that the liquor was contraband under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he neither owned nor drove the vehicles and that no incriminating material was found in his conscious possession, seeking anticipatory bail. The State opposed the bail, highlighting four prior criminal convictions, two of which were similar offences. The Court, considering the large quantity of liquor seized and the petitioner’s criminal antecedents, refused the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged possession of illicit liquor and his prior criminal record?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal antecedents
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22560 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Lalit Sahni Son of Sonu Kumar R/o Village - Madhiya Kamalabari, P.S. -
Basopatti, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archna Aanand, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sadar Excise P. S.
Case No. 78 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 585 liters illicit liquor
was recovered from three different seized motorcycles.
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 vehicles 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 petitioner has got four criminal
antecedents out of which two are of similar nature.
Patna High Court CR. MISC. No.22560 of 2026(2) dt.15-04-2026
2/2
6. Considering huge quantity of recovery and 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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