Patna High Court
Sahil Sahani @ Shahi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was not granted; the application was dismissed.
Summary
The petitioner, Sahil Sahani (Shahi Kumar), applied for pre‑arrest bail in a case where 60 litres of illicit liquor were seized from a motorcycle, alleged to violate Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He claimed innocence and alleged false implication. The State opposed the bail, highlighting the petitioner’s four prior criminal convictions, most under the Excise Act. The court considered the seriousness of the offence and the petitioner’s criminal antecedents. Concluding that the antecedents outweighed the bail considerations, the court refused to grant pre‑arrest bail. The bail application was therefore dismissed.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner under the Bihar Prohibition and Excise Act in view of his prior criminal antecedents.
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8200 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Sahil Sahani @ Shahi Kumar S/o Munnilal Sahani R/o Vill- Mushwa
Bhedihari, PS- Sugauli, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s :Mr.Kundan Rathore Alias Kundan Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Kundan Rathore Alias Kundan Kumar,
learned counsel appearing on behalf of the petitioner and
Mr.Sanjay Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ramgarhwa P.S. Case No. 121/2025 registered for the
offence(s) punishable under Sections 30(a), 41 of the Bihar
Prohibition and Excise Act.
3. As per the allegations made in the FIR, 60 litres of
illicit liquor were recovered from a motorcycle without a
number plate.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case.
Patna High Court CR. MISC. No.8200 of 2026(2) dt.17-02-2026
2/2
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail. He submitted that petitioner
has four criminal antecedents and most of the cases are under
Excise Act.
6. Considering the past criminal antecedents of the
petitioner, I am not inclined to grant pre-arrest bail to the
petitioner. Accordingly, the present bail application stands
dismissed.
(Purnendu Singh, J)
Sanjay/-
U T
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