Patna High Court
Purushotam Sahani @ Kawal SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused anticipatory bail on the ground of the petitioner's multiple prior similar criminal antecedents.
Summary
The petitioner, Purushotam Sahani, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 190 litres of country-made liquor recovered from a banana orchard. The prosecution alleged that the liquor was contraband, while the petitioner argued that no incriminating material was found in his conscious possession and that the accusation was merely on suspicion. The State opposed bail, highlighting the petitioner's seven prior criminal antecedents of a similar nature. The court examined the relevance of these antecedents in assessing the risk of the petitioner fleeing or tampering with evidence. Considering the seriousness of the offence and the petitioner's criminal history, the court refused the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act when the accused has prior similar criminal antecedents.
Subjects
- anticipatory bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- liquor offence
- Section 30(a)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26816 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- SUGAULI District- East Champaran
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Purushotam Sahani @ Kawal Sahani S/o Bhandol Sahani @ Amirilal Sahani
Resident of Village - Mehwa, P.s. - Sugauli, Dist. - East Chamaparan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sugauli P. S. Case
No. 53 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 190 liters country made
liquor was recovered from banana orchard.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. 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 seven criminal
antecedents of similar nature.
6. Considering the criminal antecedents of similar
Patna High Court CR. MISC. No.26816 of 2026(2) dt.29-04-2026
2/2
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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