Patna High Court
Jhunnilal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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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