Patna High Court
Bhairo SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Bhairo Sahani and Avishek Kumar, sought relief from imminent arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 40 litres of liquor was recovered from a motorcycle. They contended that the liquor was not in their physical or conscious possession and that the motorcycle did not belong to them, arguing that their involvement was based merely on suspicion. The prosecution opposed the bail, but the court noted the absence of a seizure memo witnessed by two independent persons and the lack of direct possession by the petitioners. Considering the petitioners’ criminal antecedents and the procedural deficiencies, the court ordered that they be released on bail if they surrendered within four weeks, subject to a bond of Rs 10,000 each with two sureties. The bail was conditioned on their cooperation with the investigation, verification of their criminal records, and the possibility of cancellation if antecedents were concealed.
Issues considered
- Whether bail should be granted to the petitioners despite the absence of physical possession of the contraband
- Whether the procedural deficiencies in the search and seizure memo justify bail
- Whether the petitioners’ criminal antecedents preclude bail under Section 438 CrPC
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- suspicion
- search and seizure
- liquor
- excise law
- criminal antecedent
- Section 30
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10940 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- DEWARIA District- Muzaffarpur
======================================================
1. Bhairo Sahani Son of Late Bhikhari Sahani Resident of Hussepur, Naya Tola
Police Station - Sahebganj.
2. Avishek Kumar Son of Rajendra Sahani Resident of Hussepur, Naya Tola,
Police Station - Sahebganj.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Sweety Sinha, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the recovery is of 40
liters of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that
the name of the petitioners have surfaced in the case on account
of suspicion. It is next submitted that no recovery has been
made from the physical and conscious possession of the
petitioners. It is further submitted that no recovery has been
Patna High Court CR. MISC. No.10940 of 2026(2) dt.17-02-2026
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made from the said motorcycle. It is next submitted by the
learned counsel for the petitioners that the motorcycle does not
belong to the petitioners.
5. The application is opposed by the learned APP
for the State.
6. Considering the fact that no recovery has been
made from physical conscious possession of the petitioners and
also that the motorcycle in question did not belong to the
petitioners, the possibility of petitioners being implicated on the
basis of suspicion cannot be ruled out and further given the fact
that the search and seizure memo is not witnessed by two
independent witnesses and also taking into account the fact that
petitioner no. 1 has two criminal antecedents and petitioner no.
2 has one only criminal antecedent, let the petitioners, above
named, in the event of their arrest or surrender before the Court
below within four weeks, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise Court No.-II, Muzaffarpur in connection with
Dewaria P.S. Case No. 141 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to
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the further condition that:-
(i) the petitioners shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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