Patna High Court
Raj Kumar Sahni @ Raja Kumar @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is not entitled to anticipatory bail and the pre‑arrest bail petition is rejected.
Summary
Petitioner Raj Kumar Sahni sought anticipatory bail after the police recovered 33.5 liters of foreign liquor from his residence, alleging offences under IPC sections 272, 273 and 34 and several provisions of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found in his conscious possession and that he was falsely implicated. The State argued that the recovery from his house and his prior similar criminal antecedent precluded the grant of anticipatory bail, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar. The court considered the Full Bench precedent and the presence of a prior similar offence. Consequently, the court rejected the anticipatory bail petition, holding that the petitioner was not entitled to such relief.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar bars anticipatory bail in similar cases
- Whether a prior criminal antecedent of a similar nature defeats the grant of anticipatory bail
Legislation cited
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- illegal liquor
- IPC
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78231 of 2025
Arising Out of PS. Case No.-238 Year-2021 Thana- HATHAURI District- Muzaffarpur
======================================================
Raj Kumar Sahni @ Raja Kumar @ Raj Kumar S/O Munna Sahni Resident of
village- Tarajivar, P.S.- Hathauri, Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Ajit Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 272, 273 and 34 of IPC
and section 30(a), 30 (c) , 32 and 41 (1) of the Bihar Prohibition
and Excise Act.
3 . Prosecution case is that 33.5 liters foreign liquor
was recovered from house of this petitioner.
4. Learned counsel appearing for the petitioner
submits 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 and he
is no way connected with the aforesaid recovery .
5 . Learned counsel for the State submits that the
Patna High Court CR. MISC. No.78231 of 2025(2) dt.05-02-2026
2/2
recovery has been made from the house of the petitioner and has
got 1 criminal antecedent of similar nature . He further 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 decision of this Court,
this pre-arrest bail petition is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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