Patna High Court
Nandu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s prior criminal antecedents and the nature of the offence warranted refusal of bail.
Summary
The petitioner, Nandu Sahani, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 16.44 litres of foreign liquor. The prosecution alleged that the liquor was recovered from a sack, but the petitioner claimed no incriminating material was found in his conscious possession and that he was implicated only on suspicion. The State opposed bail, highlighting the recovery of liquor and the petitioner's four prior criminal antecedents of a similar nature. The Court considered the seriousness of the offence and the petitioner’s criminal record. Consequently, the Court refused the prayer for anticipatory bail, effectively dismissing the petition.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the presence of prior criminal antecedents justifies denial of anticipatory bail
- Whether the recovery of liquor from a sack, without direct possession by the petitioner, suffices for bail denial
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail jurisprudence
- possession of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43636 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- KOTWA District- East Champaran
======================================================
Nandu Sahani S/o Late Jamuna Sahani @ Late Yamuna Sahni R/o Village-
Talwa Phokhar, P.S- Kotwa, Dist- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
the State.
2. Petitioner apprehends arrest in Kotwa P.S. Case No.
115 of 2026, registered for the offence punishable under Section
30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 16.44 liters of foreign
liquor was recovered from sack.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
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
bail and submits that recovery has been made from sack and
Patna High Court CR. MISC. No.43636 of 2026(2) dt.08-07-2026
2/2
petitioner has got four criminal antecedents of similar nature.
6. Considering the nature of accusation and criminal
antecedents of the petitioner, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Alok/Sanjay-
U T
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