Patna High Court
Samraj SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 272, 273, 308, 34
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
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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/-
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