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Patna High Court

Jhunnilal SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Jhunnilal Sah, was implicated in an excise case for allegedly possessing 30 litres of liquor recovered from a house he constructed. The prosecution's case relied on a co-accused's confessional statement, and the petitioner has three prior criminal antecedents of a similar nature. The petitioner argued that his inclusion was false and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the grant of anticipatory bail. Considering the seriousness of the offence, the prior convictions, and the procedural lapse, the Court declined to grant anticipatory bail, but indicated that regular bail could be considered if the petitioner surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise offence and his prior criminal antecedents
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor possession
  • prior criminal antecedents
  • Section 103
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3190 of 2026
                   Arising Out of PS. Case No.-162 Year-2025 Thana- Bikramganj Excise District- Rohtas
                 ======================================================
                 Jhunnilal Sah S/o Late Bhola Sah Resident of village - Thakurai Parsiya,
                 Police Station - Nasriganj, District - Rohtas, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Thakur Brajesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Bikramganj Excise P.S. Case No. 162 of 2025 instituted for

                   the offences punishable under Sections 30(a), 62 of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 30 litres

                   of liquor was recovered from under constructed house of the

                   petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of the apprehended co-accused. The
           Patna High Court CR. MISC. No.3190 of 2026(2) dt.19-01-2026
                                                       2/2




                     recovery has been made from the open place which is accessible

                     to one and all. The petitioner has three criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the petitioner having three criminal antecedents

                     of similar nature, this Court is not inclined to grant bail to the

                     petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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