Patna High Court

Munna Sahni @ Munna Kumar SahaniversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s antecedents.

Summary

The petitioner, Munna Sahni, sought anticipatory bail in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 50 litres of liquor were recovered from a bamboo orchard that did not belong to him. He argued that he had no conscious possession of the liquor, the alleged recovery site was public, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending that the offence was cognizable. The Court, after considering the petitioner's clean antecedent and the lack of direct possession, granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail is appropriate in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the petitioner’s lack of conscious possession and the public nature of the alleged recovery site negate the charge
Whether the omission of the informant’s name in the FIR affects the prosecution’s case

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
prohibition act
possession
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13900 of 2026
                   Arising Out of PS. Case No.-641 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Munna Sahni @ Munna Kumar Sahani Son of Pramod Sahani Resident of
                 village- Bishunpur Kalayan, Tole Nawalpur, PS -Sahebganj District
                 -Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hari Kishore Thakur
                 For the Opposite Party/s :       Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   30(d) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of liquor from a bamboo orchard. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and is accessible to villagers at large and he came to

                   be implicated based on disclosure made by the local person but
Patna High Court CR. MISC. No.13900 of 2026(2) dt.12-03-2026
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          then the name of the person who disclosed the name of the

          petitioner is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution, more so, when petitioner has not

          been implicated based on secret information.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Sahebganj P.S. Case No.641/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.13900 of 2026(2) dt.12-03-2026
                                                         3/3




                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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