Rahul Sahani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rahul Sahani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail prayer rejected; however, petitioner given liberty to surrender before the learned Trial Court within 15 days, failing-within which window his regular bail prayer is to be decided at the earliest on merit without prejudice to this order.

Issue for consideration

Whether the petitioner's prayer for anticipatory bail, apprehending arrest in Harsidhi P.S. Case No. 292 of 2023 (registered under Sections 272 and 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act), should be accepted. +1 more

Court's answer

Considering the provision of Section 76 of the Excise Act, the Court did not find the petitioner's prayer for anticipatory bail fit for acceptance, and accordingly rejected it.

Ratio / Principle

Having regard to the petitioner's three criminal antecedents relating to the same nature of offence lodged under the Bihar Prohibition and Excise Act, the Court was not persuaded to form the opinion that the alleged offence under the Excise Act does not attract even prima facie against this petitioner.

Key takeaways

The petitioner was given liberty to surrender before the learned Trial Court; if he surrenders within 15 days, the Trial Court is to decide his regular bail prayer at the earliest according to merit, without being prejudiced by this order.ratio¶6

Detailed headnote1 paragraphs

Anticipatory bail — refused. High Court of Judicature at Patna (Shailendra Singh, J.), oral order dated 07-02-2025 in Criminal Miscellaneous No. 7208 of 2025, rejecting the anticipatory bail prayer of Rahul Sahani who apprehended arrest in Harsidhi P.S. Case No. 292 of 2023 (dated 05.05.2023), East Champaran, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, concerning alleged recovery of 35 litres of country-made liquor and 1400 litres of semi-prepared liquor from a Chawar said to be a public place. Counsel argued the petitioner was indicated solely by a local Chowkidar's identification and had no connection with the place of recovery, and noted that co-accused Bikesh Sahani @ Vikash Sahani had been granted anticipatory bail by this Court. The Court, however, taking account of the petitioner's three criminal antecedents of the same nature of offence under the Bihar Prohibition and Excise Act, was not persuaded that the alleged offence failed to attract even prima facie against him, and considering the provision of Section 76 of the Excise Act, found the prayer unfit for acceptance and rejected it. The petitioner was given liberty to surrender before the learned Trial Court within 15 days, his regular bail prayer thereafter to be decided at the earliest on merit, without prejudice to this order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7208 of 2025

Arising Out of PS. Case No.-292 Year-2023 Thana- HARSIDHI District- East Champaran

======================================================

Rahul Sahani, S/O Harinand Sahani, Resident of village- Damobriti Olha Bazar, P.S.- Harsidihi, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Narsingh Tanti, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 07-02-2025 Heard Mr. Abhishek Kumar, learned counsel for

the Petitioner and Mr. Narsingh Tanti, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 292 of 2023 dated 05.05.2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 35 litres of country-made liquor and 1400 litres of semi-prepared liquor from the Chawar, which is public place and merely on the basis of local Chowkidar’s identification, this petitioner has been made accused, the petitioner has no

Patna High Court CR. MISC. No.7208 of 2025(2) dt.07-02-2025 2/3

connection to the place of recovery. It is further submitted that co-accused Bikesh Sahani @ Vikash Sahani has been grated anticipatory bail by this Court.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Heard both the sides and perused the FIR. The instant matter relates to the recovery of large quantity of country-made liquor as well as semi-prepared liquor purported to be used in the manufacturing of country-made liquor, though the petitioner has been made accused merely on the basis of identification made by the local Chowkidar in respect of the coaccused persons including the petitioner, who are said to have fled away on seeing the police party, but considering the petitioner’s three criminals antecedents relating to the same nature of offence lodged under the Bihar Prohibition and Excise Act, t his Court is not persuaded to form the opinion that the alleged offence under Excise Act does not attract even prima facie against this petitioner. So, considering the provision of Section 76 of Excise Act, this Court does not find the petitioner’s prayer to be fit for acceptance. Accordingly, the petitioner’s prayer stands rejected.

6. However, the petitioner is given a liberty to

Patna High Court CR. MISC. No.7208 of 2025(2) dt.07-02-2025 3/3

surrender before the learned Trial Court and if he avails this liberty within 15 days from today, then the learned Trial Court will decide his regular bail prayer, at the earliest according to merit, without being prejudiced with this order.

(Shailendra Singh, J.)

Jyoti Kumari/-

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