Patna High Court
Birendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s prior similar criminal convictions outweighed the presumption of innocence.
Summary
The petitioner, Birendra Sahani, applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 5.6 liters of illicit liquor from near his residence. He contended that he was innocent, that no incriminating material was found in his conscious possession, and that he had been falsely implicated. The State argued that the petitioner had four prior criminal convictions, two of which were of a similar nature, and therefore posed a risk of fleeing or tampering with evidence. The court examined the relevance of the petitioner’s criminal antecedents in the context of granting anticipatory bail. Considering the seriousness of the offence and the petitioner’s repeat offences of a similar kind, the court concluded that bail could not be justified. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given his criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39644 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- BHITAHA District- West Champaran
======================================================
Birendra Sahani S/o Raghunath Sahani Resident of Village - Rupahi Tand,
P.S.- Bihtaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act.
3 . Prosecution case is that 5.6 liters illicit liquor was
recovered beside the house of this petitioner.
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case . No incriminating
material has been recovered from the conscious possession of
the petitioner.
5. Learned counsel for the State submits that
petitioner has got 4 criminal antecedents out of which 2 are of
similar nature .
Patna High Court CR. MISC. No.39644 of 2026(2) dt.24-06-2026
2/2
6. Considering the fact that petitioner has got 4
criminal antecedents of similar nature , prayer for anticipatory
bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U
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