Patna High Court
Arvind Sahni @ ArvindversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
Arvind Sahni sought anticipatory bail in a case under Sections 30(a), 32(1) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where the prosecution alleged recovery of 60 litres of illicit liquor. The petitioner claimed innocence, stating that no liquor was seized from him and that he was not apprehended at the spot, but the State highlighted his pending criminal case of a similar nature. The court examined whether the facts and the petitioner’s criminal antecedent warranted the grant of anticipatory bail. Considering the seriousness of the offence and the existing pending case, the court declined to grant anticipatory bail. The petitioner was directed to surrender within six weeks, after which the trial court would consider his bail application on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022 given the alleged recovery of illicit liquor and his prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(1), 32(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22623 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- GORAUL District- Vaishali
======================================================
Arvind Sahni @ Arvind S/o Ram Ishwar Sahni @ Ramiswer Sahni R/o
Village- Rasulpur Fatah, P.S.- Goraul, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Nityanand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Goraul (Katahara) P.S. Case No. 84 of 2026, dated
14.02.2026, lodged under Sections 30(a), 32(1) & 32(2) of the
Bihar Prohibition and Excise (Amendment) Act, 2022, pending
before the Court of Exclusive Special Excise Court No. 1-cum-
Additional District & Sessions Judge, Vaishali at Hajipur.
3. As per the prosecution, total recovery of 60 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner was neither apprehended from
the spot nor was anything illicit recovered from his possession.
Patna High Court CR. MISC. No.22623 of 2026(2) dt.16-04-2026
2/2
Counsel also submits that the criminal antecedent of the
petitioner is not clean, as there is one criminal case pending
against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean, as there is one criminal case of the
same nature pending against him.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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