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Patna High Court

Bablu SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted as no offence under section 30(a) was made out and the seizure was not from the petitioner’s conscious possession.

Summary

The petitioner, Bablu Sahani, sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of 34 litres of country‑made liquor recovered from wild plants. He contended that the liquor was not in his conscious possession and that he had no prior criminal record. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, he argued that anticipatory bail can be granted despite the bar in section 76(2) if the FIR does not disclose a cognizable offence. The State opposed, emphasizing the raid based on secret information and the recovery. The Court, after considering the submissions and the precedent, held that no offence was made out against the petitioner and therefore granted anticipatory bail with a set of conditions, ordering release on bail if arrested within four weeks.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in section 76(2) when the FIR does not disclose a cognizable offence.
  • Whether the alleged seizure of liquor from wild plants, not from the petitioner’s conscious possession, constitutes an offence under section 30(a) of the Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • conscious possession
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38783 of 2026
                     Arising Out of PS. Case No.-25 Year-2026 Thana- BISHANPUR District- Darbhanga
                 ======================================================
                 Bablu Sahani S/o Dahu Sahani R/o Village- Dilahi, P.S- Bishanpur, Dist-
                 Darbhanga.



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the State            :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-06-2026                      Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Bishanpur P.S. Case No. 25 of 2026 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 19.02.2026 by the informant, Sushil Kumar Rai.

                                 3. As per the prosecution story, the informant alleged

                   that the Police on secret information about selling of country

                   made liquor by Bablu Sahni, raided the place and there is

                   recovery/seizure of 34 liter country made liquor from the wild

                   plants. This led to the FIR.

                                 4. Learned counsel for the petitioner submits that a

                   perusal of the F.I.R. would show that recovery/seizure from wild
Patna High Court CR. MISC. No.38783 of 2026(2) dt.17-06-2026
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          plants and not from his conscious possession/house. Further, he

          do not have criminal antecedent.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP, Mr. Bharat Bhushan opposes the

          prayer submitting that on secret information, the place was

          raided and recovery/seizure made.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.38783 of 2026(2) dt.17-06-2026
                                            3/4




          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Special Judge-I (Excise Act), Darbhanga

          in connection with Bishanpur P.S. Case No. 25 of 2026 subject

          to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for
            Patna High Court CR. MISC. No.38783 of 2026(2) dt.17-06-2026
                                                        4/4




                      cancellation of the bail bonds;

                                   (vi) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of his bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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