Patna High Court
Krishnandan Sahni @ Krishna Nandan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Krishnandan Sahni, sought anticipatory bail in a case (PS. Case No. 175 of 2026) where 11.100 liters of illicit liquor were recovered from a bamboo clump. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise Act, but no incriminating material was found in the petitioner's possession and he was not the owner of the bamboo clump. The petitioner argued that he was implicated only on suspicion and had no direct involvement in the recovery. The State opposed the bail, highlighting that the petitioner has eight prior criminal convictions. The Court, after considering the antecedents, refused the petition for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the petitioner's prior criminal antecedents justify denial of anticipatory bail
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.41381 of 2026
Arising Out of PS. Case No.-175 Year-2026 Thana- RIGA District- Sitamarhi
======================================================
Krishnandan Sahni @ Krishna Nandan Sahni S/O Chhedi Sahni Resident of
Village- Balua, Ward No.1, P.S.- Riga, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Riga P.S. Case No.
175 of 2026 registered for the offence punishable under Section
30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 11.100 liters illicit liquor
was recovered from the bamboo clump.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is not the owner of the
bamboo clump nor there is recovery from the possession of the
petitioner. Petitioner has got no concern with the alleged
recovery and he has been made accused in this case only on
suspicion.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.41381 of 2026(2) dt.07-07-2026
2/2
bail of the petitioner and submits that the petitioner has got eight
criminal antecedents.
6. Considering the fact that the petitioner has got
eight criminal antecedents, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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