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Patna High Court

Nandu SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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