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Patna High Court

Lal Babu SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because of the large quantity of illicit liquor recovered and the petitioner’s prior similar convictions.

Summary

The petitioner, Lal Babu Sahni, sought anticipatory bail after learning that a case had been registered against him under the Bihar Prohibition and Excise Act and several sections of the Bihar Narcotic Substances (BNS) Act for the alleged possession of 70 litres of illicit liquor. He contended that he was neither the owner nor the driver of the seized vehicle and that his name was supplied by co‑accused, with no incriminating material found in his possession. The State argued that the large quantity of liquor recovered and the petitioner’s four prior convictions for similar offences warranted denial of bail. The Court considered the seriousness of the offence and the petitioner’s criminal antecedents. Consequently, the Court rejected the petition for anticipatory bail, effectively dismissing the bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • prior convictions
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78389 of 2025
                     Arising Out of PS. Case No.-79 Year-2025 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Lal Babu Sahni S/o Naresh Sahni Resident of Village- Hussepur, Naya Tola,
                 P.S - Sahebganj, District- Muzaffarpur,

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar , Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit , 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                 30 (a)      of the Bihar

                   Prohibition and Excise Act and 274, 275 , 336 ( 2 ) and 317 (5)

                   of BNS.

                                3 . Prosecution case is that 70 liters of illicit liquor

                   has been recovered from the seized vehicle .

                                4. It is submitted that the petitioner is innocent and

                   has falsely been implicated in this case . The name of the

                   petitioner was disclosed by other co-accused persons. Petitioner

                   is neither owner nor driver of the seized vehicle . No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner.
            Patna High Court CR. MISC. No.78389 of 2025(2) dt.05-02-2026
                                                        2/2




                                   5 . Learned counsel for the State submits that huge

                      quantity of recovery has been made and petitioner has got 4

                      criminal antecedents of similar nature .

                                   6. Considering the huge quantity of recovery and also

                      the fact that petitioner has got 4 criminal antecedents of similar

                      nature , prayer for anticipatory bail is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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