Patna High Court
Rahul Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
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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
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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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