Patna High Court
Kundan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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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