Patna High Court
Birju SahniversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Petitioner Birju Sahni sought anticipatory bail after being implicated in an excise case (PS No. 198 of 2025) for allegedly possessing illegal liquor. The prosecution alleged that a raid recovered 10 litres of illicit chulai liquor and that the petitioner was identified by co-accused. The petitioner contended that the accusation was false, motivated by personal enmity, and that the recovery was made from the co-accused, not from his premises, asserting a clean antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, subject to conditions including surety, personal presence in court, and verification of antecedents, while noting that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the petitioner’s alleged involvement is sufficient to deny bail, considering claims of false implication and clean antecedent.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- false implication
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11316 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- EXCISE PATORI District- Samastipur
======================================================
Birju Sahni, S/O Vipat Sahni @ Bipat Sahni @ Nanki Sahni, Resident Of
Village- Bulakipur, Ward NO. 13, P.S.- Dalsingsarai, District- Samsatipur
... ... 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. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Excise Patori P.S. Case No. 198 of 2025 registered for the
offences under Sections 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2018.
3. The prosecution case is to the effect that the police
conducted a raid and apprehended one Ramlakhan Sahni, who
was carrying 10 liters of illegal chulai liquor. It is further alleged
that one person is stated to have fled away and the apprehended
accused persons disclosed the name as Birju Sahni (petitioner).
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case at the behest
of the apprehended accused persons out of personal enmity. It
Patna High Court CR. MISC. No.11316 of 2026(2) dt.17-02-2026
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has further been submitted that admittedly the recovery is made
from the hands of the apprehended co-accused persons and
therefore, the petitioner does not have any liability for the same.
It has next been submitted that the statement that the recovery
has been made from the field of the petitioner is also an
exaggeration, as it is admittedly an open space. It has lastly been
submitted that the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Excise Patori P.S. Case No. 198 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
Patna High Court CR. MISC. No.11316 of 2026(2) dt.17-02-2026
3/3
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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