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Patna High Court

Birendra SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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