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Patna High Court

Rahul Kumar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that, in the absence of the petitioner’s presence at the scene and given the hostile nature of the co‑accused’s testimony, anticipatory bail should be granted subject to verification of his criminal antecedent.

Summary

Rahul Kumar Sahni applied for anticipatory bail in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for manufacturing illicit country‑made chulai liquor. The prosecution’s case rested on a secret informant’s report and the statement of a co‑accused, Rohit Kumar, who identified the petitioner as the owner of 30 litres of seized liquor, although the petitioner was not present at the scene. The petitioner contended that the co‑accused is hostile and that the allegation is unsubstantiated, also noting a prior similar case (Mehsi PS Case No. 229 of 2025) where he is on bail. The court examined the evidence, found no direct recovery from the petitioner and considered the hostile nature of the co‑accused’s testimony, concluding that anticipatory bail could be granted subject to verification of his criminal antecedent. Accordingly, the court ordered bail on a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the only incriminating material is the statement of a hostile co‑accused.
  • Whether a prior similar offence and existing bail in that case preclude the grant of anticipatory bail in the present case.
  • Whether the seizure of liquor, without the petitioner’s presence, suffices to justify arrest.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Section 30(a)
  • co‑accused testimony
  • prior criminal antecedent
  • bail conditions
  • high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35813 of 2026
                     Arising Out of PS. Case No.-91 Year-2026 Thana- MEHSI District- East Champaran
                 ======================================================
                 Rahul Kumar Sahni S/O Kailash Sahni @ Jala Sahni @ Kailash Sahani
                 Resident of Village- Semra, P.S.- Mehsi, District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   26-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mehsi P.S. Case No. 91 of 2026 for allegedly having

                   committed offence under Section 30 (a) of Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to

                   the effect that on 08.03.2026 at about 06:05 hours, the informant

                   along with police personnel proceeded for patrolling duty and

                   during course of the same, he received a secret information that

                   the petitioner was manufacturing illicit country made chulai

                   liquor and selling the same near the thatched house and boring

                   in the wheat field of one Jala Sahni. After giving information to
Patna High Court CR. MISC. No.35813 of 2026(2) dt.26-05-2026
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          the higher officials, to verify the authenticity of the secret

          information, the informant along with police party reached the

          place of occurrence. After seeing the police party, two persons

          started fleeing away, however on chase, one person was

          apprehended, who disclosed his name as Rohit Kumar. He

          further disclosed the name of the person who fled away as the

          petitioner. On search total 10 litres of country made chulai

          liquor was recovered from possession of the co-accused,

          namely, Rohit Kumar and on search of plastic dabbu, total 30

          litres of country made chulai liquor was recovered. It is alleged

          that 30 litres of liquor belongs to the petitioner.

                       4. The learned counsel for the petitioner submits that

          total 40 litres of country made chulai liquor was recovered, out

          of which, 30 litres country made chulai liquor was recovered

          near the thatched house and boring in the wheat field of Jala

          Sahni. The name of the petitioner transpired in the present case

          on the disclosure made by the apprehended person, namely,

          Rohit Kumar. The petitioner was not present at the place of

          occurrence and has got no concern with the alleged seized

          liquor. The said Rohit Kumar is in inimical term with the

          petitioner and to settle the score, he has named the petitioner as

          an accused in the present case. The petitioner has got one
Patna High Court CR. MISC. No.35813 of 2026(2) dt.26-05-2026
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          antecedent bearing Mehsi P.S. Case No. 229 of 2025 for

          allegedly having committed an offence under Section 30(a) of

          the Bihar Prohibition Excise Act, in which he is on bail.

                       5. Per contra, the learned APP for the State opposes

          the prayer for bail of the petitioner and submits that the

          petitioner is an accused in similar nature of case and he does not

          deserve the privilege of anticipatory bail.

                       6. Considering the rival submission and after going

          through the records, it appears that total 40 litres of country

          made chulai liquor was recovered from the place, out of which,

          30 litres is said to have been recovered from a thatched house

          and a boring in the wheat field. The petitioner was not present at

          the place of occurrence and, therefore there is no question of

          any recovery from him. His name transpired on the basis of the

          statement given by the apprehended person, namely, Rohit

          Kumar. The petitioner is an accused in one another case of

          similar nature.

                       7. Considering the above, let the petitioner above-

          named, in the event of his arrest or surrender within a period of

          six weeks, be released on bail on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Exclusive Special
               Patna High Court CR. MISC. No.35813 of 2026(2) dt.26-05-2026
                                                           4/4




                         Excise Court No.03, I/c, East Champaran at Motihari in

                         connection with Mehsi P.S. Case No.91 of 2026, subject to the

                         conditions laid down under Section 482(2) of the B.N.S.S with a

                         further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found

                         that the petitioner has concealed his criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bond of

                         the petitioner. However, the acceptance of bail bond in terms of

                         the above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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