Patna High Court
Mahesh Sahani @ Mahera SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail application was denied.
Summary
The petitioner, Mahesh Sahani, sought anticipatory bail after a police case (PS No. 123 of 2025) was registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 70 litres of illicit liquor from his poultry farm. The prosecution argued that the liquor was found on his premises and that he has a prior criminal antecedent, making him ineligible for anticipatory bail. The petitioner contended that no incriminating material was found in his conscious possession and that the accusation was purely on suspicion. The State relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019) to oppose the grant of anticipatory bail. The Court, after hearing both sides, rejected the anticipatory bail application, holding that the circumstances and precedent did not warrant such relief.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act given the recovery of illicit liquor from his premises.
- Whether the petitioner’s prior criminal antecedent bars the grant of anticipatory bail.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail in the present case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- Full Bench precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40363 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Mahesh Sahani @ Mahera Sahani S/o Late Ganu Sahani Resident of Village-
Trilokwa, Ward No- 1, P.S.- Kesariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Kesariya P. S. Case
No. 123 of 2025 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 70 liters illicit liquor
was recovered from the poultry farm of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion.
5. Learned A.P.P. for the State submits that 70 liters
illicit liquor was recovered from the poultry farm of the
petitioner and he has got one criminal antecedent. He further
Patna High Court CR. MISC. No.40363 of 2026(2) dt.30-06-2026
2/2
submits that petitioner is not entitled to the privilege of
anticipatory bail in view of Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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