Bablu Sahani Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38783 of 2026

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Arising Out of PS. Case No.-25 Year-2026 Thana- BISHANPUR District- Darbhanga

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Bablu Sahani S/o Dahu Sahani R/o Village- Dilahi, P.S- Bishanpur, DistDarbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurav Anand, Advocate For the State : Mr. Bharat Bhushan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 17-06-2026 Heard the parties.

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The petitioner is apprehending his arrest in connection with Bishanpur P.S. Case No. 25 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 19.02.2026 by the informant, Sushil Kumar Rai.

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As per the prosecution story, the informant alleged that the Police on secret information about selling of country made liquor by Bablu Sahni, raided the place and there is recovery/seizure of 34 liter country made liquor from the wild plants. This led to the FIR.

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Learned counsel for the petitioner submits that a perusal of the F.I.R. would show that recovery/seizure from wild

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Patna High Court CR. MISC. No.38783 of 2026(2) dt.17-06-2026 2/4

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plants and not from his conscious possession/house. Further, he do not have criminal antecedent.

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Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon’ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that on secret information, the place was raided and recovery/seizure made.

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Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra) , as also that nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/-

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Patna High Court CR. MISC. No.38783 of 2026(2) dt.17-06-2026 3/4

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(Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge-I (Excise Act), Darbhanga in connection with Bishanpur P.S. Case No. 25 of 2026 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

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(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iv) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;

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(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

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Patna High Court CR. MISC. No.38783 of 2026(2) dt.17-06-2026 4/4

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cancellation of the bail bonds;

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(vi) the petitioner shall desist from committing any

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criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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vinayak/-