Patna High Court

Raghu Kumar @ Raghu SahniversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied as the petitioner’s multiple prior convictions and lack of a prima facie case precluded the grant of such relief.

Summary

The petitioner, Raghu Kumar, applied for anticipatory bail in a case (Kanhauli PS Case No. 146 of 2025) involving alleged possession of 252 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on a co‑accused’s disclosure, and the petitioner claims he has no involvement. The petitioner has five prior convictions of a similar nature and the court noted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the petitioner’s criminal antecedents disqualify him. Considering the antecedents and lack of a prima facie case, the court rejected the anticipatory bail application, though it allowed the petitioner to surrender within four weeks and seek regular bail thereafter.

Issues considered

Whether anticipatory bail should be granted to a petitioner with five prior convictions of similar nature.
Whether the disclosure by a co‑accused suffices to establish a prima facie case for bail.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
bail
criminal antecedents
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90264 of 2025
                     Arising Out of PS. Case No.-146 Year-2025 Thana- KANHAULI District- Sitamarhi
                 ======================================================
                 Raghu Kumar @ Raghu Sahni S/o Yugal Sahni @ Yugal Sahani R/o Village -
                 Shahpur Sheetalpatti, Ward No. 3, P.S.- Sahiyara, District- Sitamarhi



                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Kanhauli PS Case No. 146 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 252

                   litres of liquor was recovered from seven plastic sack.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of
Patna High Court CR. MISC. No.90264 of 2025(2) dt.19-01-2026
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          disclosure made by apprehended co-accused person. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner has five criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarika Suraksha

          Sanhita, 2023. Learned counsel for the petitioner, therefore,

          contends that prima-facie no case is made out against the

          petitioner.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. It is submitted that

          petitioner bears five criminal antecedent/s, that too of the similar

          nature, hence, petitioner does not deserve the privilege of

          anticipatory bail.

                  6.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          petitioner bears five criminal antecedent/s, that too of the similar

          nature, this Court is not inclined to grant anticipatory bail to the

          petitioner. Prayer for grant of anticipatory bail to the petitioner

          is hereby rejected.

                  7.      However, if the petitioner surrenders before the

          court below within a period of four weeks from today and prays

          for regular bail, the same would be considered by the court

          below in accordance with law without being prejudiced by the
           Patna High Court CR. MISC. No.90264 of 2025(2) dt.19-01-2026
                                                       3/3




                     order of this Court.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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