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Patna High Court

Kundan SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was rejected.

Summary

The petitioner, Kundan Sahni, filed an anticipatory bail application fearing arrest in a case (Bakhri PS Case No.71 of 2026) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, which alleged his involvement in the illegal possession of country‑made liquor. The prosecution’s case was based on information from an informant who claimed police recovered 7 litres of liquor from a suspect’s residence and a further 70 litres from a pond, and identified the petitioner among the accused. The petitioner pleaded innocence, while the State highlighted six prior convictions of a similar nature recorded at the same police station. The court examined the seriousness of the alleged offence and the petitioner’s criminal antecedents in deciding on bail. Concluding that the circumstances did not warrant the grant of anticipatory bail, the court rejected the application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offence and his prior criminal record.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal antecedent
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32217 of 2026
                      Arising Out of PS. Case No.-71 Year-2026 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Kundan Sahni S/o Late Ganesh Sahni R/o Village - Goriyari, P.S - Bakhri,
                 District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-05-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Bakhri P.S. Case No.71 of 2026 for the offence

                   under section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022 lodged on 25.02.2026 by the informant,

                   Ram Suresh Singh.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, the police reached at the Ambedkar

                   Chowk and though the accused managed to escape, the Police

                   arrested Rajiya Devi and upon search there is recovery/seizure

                   of 07 liters of country made liquor. Later, the Police moved

                   towards the pond and from the bushes, there is recovery/seizure

                   of 70 liters of country made liquor. The local gave the names of

                   the accused persons, the petitioner included. This led to the FIR.
           Patna High Court CR. MISC. No.32217 of 2026(2) dt.13-05-2026
                                                       2/2




                                  4. Though, learned counsel for the petitioner submits

                     tried to impress upon this Court about his innocence.

                                  5. Learned APP has taken this Court to paragraph-3 to

                     show that he has six criminal antecedent of the same nature

                     under the same police station, it would be appropriate that the

                     petitioner seek bail.

                                  6. The anticipatory bail application stands rejected.



                                                    (Rajiv Roy, J)
Ravi/ S. Prasad

U      T


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