Patna High Court
Ramashish Sahni @ Ramishwar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused because the petitioner’s ownership of the vehicle from which illicit liquor was seized justified denial of bail.
Summary
The petitioner, Ramashish Sahni, sought anticipatory bail after the police seized a vehicle registered in his name from which 8 litres of illicit country-made liquor were recovered. The prosecution alleged offences under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his conscious possession and that he was implicated only on suspicion. The State contended that the large quantity of liquor recovered from the petitioner’s vehicle justified denial of bail. The Court held that ownership of the vehicle from which the contraband was seized sufficed to deny anticipatory bail, and consequently refused the petition.
Issues considered
- Whether anticipatory bail can be granted when the accused is the registered owner of a vehicle from which illicit liquor is seized
- Whether mere suspicion without possession of incriminating material is sufficient to deny anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- illegal liquor
- vehicle ownership
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30092 of 2026
Arising Out of PS. Case No.-2198 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Ramashish Sahni @ Ramishwar Sahni S/o Rajgir Sahni R/o Village -
Bahilwara Bhual, P.S - Saraiya, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 30(a) and 32(3) of Bihar
Prohibition and Excise Act.
3 . As per prosecution case, 8 liters of country made
liquor was recovered from the seized vehicle of which this
petitioner is registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion .
5 . Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.30092 of 2026(2) dt.11-05-2026
2/2
bail of the petitioner and submitted that huge quantity of liquor
has been recovered from seized vehicle of which this petitioner
is registered owner.
6. Considering the fact that petitioner is owner of the
seized vehicle from which huge quantity of illicit liquor has
been recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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