Patna High Court

Golu Kumar SahaniversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail was denied.

Summary

The petitioner, Golu Kumar Sahani, was implicated in a case involving the seizure of 72 litres of illicit liquor under Sections 274 and 275 of the Bhartiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, claiming he was not caught in the act and that no illicit liquor was found on his person. The State opposed the bail, highlighting that the petitioner has seven pending criminal cases of a similar nature. The High Court, after hearing both sides, declined to grant anticipatory bail, noting the petitioner’s criminal antecedent and the seriousness of the offence. The Court directed the petitioner to surrender within six weeks and instructed the trial court to consider his surrender‑cum‑bail application on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offence and his criminal antecedent.
Whether the existence of multiple pending cases of a similar nature justifies denial of anticipatory bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 274, 275

Subjects

anticipatory bail
illegal liquor
Bhartiya Nyaya Sanhita
Bihar Prohibition Act
criminal antecedent
surrender
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22746 of 2026
                  Arising Out of PS. Case No.-402 Year-2024 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Golu Kumar Sahani Son of Shambhu Sahani R/o Jhakhiya, P.S. - Banjriya
                 District - East Champaran.
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 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 Banjariya P.S. Case No. 402 of 2024, dated 06.12.2024,

                   lodged under Sections 274 & 275 of the Bhartiya Nyaya Sanhita,

                   2023 (hereinafter referred to as “BNS, 2023”) and under Sections

                   30(a) & 41(1) of the Bihar Prohibition and Excise (Amendment)

                   Act, 2022, pending before the Court of Special Judge, Excise

                   Court No. 1, East Champaran, Motihari.

                                3. As per the prosecution, total recovery of 72 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
         Patna High Court CR. MISC. No.22746 of 2026(2) dt.16-04-2026
                                                     2/2




                   the spot nor was anything illicit recovered from his possession.

                   Counsel also submits that the criminal antecedent of the

                   petitioner is not clean, as there are seven criminal cases 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 are seven criminal cases of a

                   similar 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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