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Patna High Court

Anil Sahani @ Anil Kumar SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the large quantity of illicit liquor recovered and the petitioner’s prior similar convictions warranted refusal of bail.

Summary

The petitioner, Anil Sahani, sought anticipatory bail after being implicated in a case (PS No.53 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 190 litres of country-made liquor were seized from a banana orchard. The prosecution’s case was based solely on the recovery of the liquor; no incriminating material was found in the petitioner’s possession, and he was accused only on suspicion. The petitioner’s counsel argued that there was no direct evidence linking him to the seized liquor and therefore bail should be granted. The State opposed the bail, highlighting three prior criminal records of the petitioner, two of which involved similar offences. Considering the large quantity of liquor recovered and the petitioner’s antecedent convictions of a similar nature, the Court refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to a person accused on suspicion under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether prior convictions of a similar nature justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • prior convictions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38815 of 2026
                   Arising Out of PS. Case No.-53 Year-2026 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Anil Sahani @ Anil Kumar Sahani Son of Lalbabu Sahani Resident of
                 Village- Mehwa, P.S.- Sugauli, District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-06-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Sugauli P. S. Case

                   No. 53 of 2026 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 190 liters country made

                   liquor was recovered from banana orchard.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that petitioner has got three criminal

                   antecedents out of which two are of similar nature.

                                6. Considering huge quantity of recovery and criminal
              Patna High Court CR. MISC. No.38815 of 2026(2) dt.25-06-2026
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                        antecedents of similar nature, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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