Patna High Court
Bablu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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
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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/-
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(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
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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/-
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