Created by Fuzzy Cloud

Patna High Court

Purushotam Sahani @ Kawal SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                 ======================================================
                 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.