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Patna High Court

Samraj SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application is rejected.

Summary

Petitioner Samraj Sahni sought anticipatory bail fearing arrest in a 2019 case involving alleged offences under IPC sections 272, 273, 308 and 34, and the Bihar Prohibition and Excise Act sections 30(a), 38(i) and 41(i) relating to the seizure of about 4,500 litres of foreign liquor. The prosecution alleged that the informant had intercepted a truck carrying the liquor, leading to the FIR. The petitioner contended that he was falsely implicated, while the State argued that he had been named in the FIR and had evaded arrest for seven years. The Court examined the material on record and the seriousness of the offences. It concluded that the criteria for granting anticipatory bail were not satisfied and rejected the application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure
  • Whether the petitioner has been falsely implicated in the offences alleged in the FIR

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • foreign liquor seizure
  • IPC
  • Bihar Prohibition and Excise Act
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27807 of 2026
                        Arising Out of PS. Case No.-16 Year-2019 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Samraj Sahni Son of Ram Naresh Shahni @ Ram Haresh Shahni Resident of
                 Village- Sharharwa, P.S.- Darauli, District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyanshu Kumar Singh, Advocate
                 For the State            :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   29-04-2026                     Heard Mr. Priyanshu Kumar Singh, learned counsel

                   for the petitioner and learned APP representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Mairwa P.S. Case No. 16 of 2019 registered for

                   the offence punishable under Sections 272, 273, 308 and 34 of

                   the Indian Penal Code and section 30(a), 38(i) and 41(i) of the

                   Bihar Prohibition and Excise Act, lodged on 18.01.2019 by the

                   informant Rajkumar Yadav.

                                 3. As per the prosecution story, the informant alleged

                   that during patrolling, on secret information intercepted a Truck

                   and there is recovery/seizure of 4557.600 liters foreign liquor.

                   This led to the F.I.R.

                                 4. Learned counsel for the petitioner submits though

                   recovery/seizure is of around 4500 liter foreign liquor, he has
            Patna High Court CR. MISC. No.27807 of 2026(2) dt.29-04-2026
                                                        2/2




                      been falsely implicated.

                                   5. Learned APP on the other hand submits that he has

                      been named in the F.I.R. which was lodged in the year 2019 and

                      evading arrest for last seven years.

                                   6. Considering the aforesaid facts as recorded above,

                      it would be appropriate that the petitioner seek bail.

                                   7. The anticipatory bail application stands rejected.



                                                     (Rajiv Roy, J)
vinayak/-

U


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