Patna High Court
Kundan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the allegations did not constitute an offence and the recovery was not from the petitioner's conscious possession.
Summary
The petitioner, Kundan Sahni, sought anticipatory bail fearing arrest in a case alleging seizure of 80 litres of country‑made liquor under sections 274 and 275 of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s FIR, based on a informant’s secret information, named the petitioner as one of the locals who allegedly helped the accused escape. The petitioner contended that no liquor was recovered from his conscious possession and that the case was motivated by personal enmity and a prior criminal record. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court examined whether the allegations satisfied the statutory elements. Finding that the recovery was not from the petitioner’s conscious possession and that the allegations did not constitute an offence, the court granted anticipatory bail with a set of strict conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s alleged involvement amounts to an offence under sections 274, 275 of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the liquor was recovered from the petitioner’s conscious possession.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- conscious possession
- Section 76(2) bar
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15963 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- DEWARIA District- Muzaffarpur
======================================================
Kundan Sahni S/O Kamal Dev Sahni R/O Village- Sohasa, P.S- Deoria,
Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
: Mrs. Rupa Kumari, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mrs. Rupa Kumari, learned counsel for the
petitioner and Mr. Binod Kumar, learned APP representing the
State.
2. The petitioner is apprehending his arrest in
connection with Deoria P.S. Case No. 261 of 2025 for the
offence under sections 274 and 275 of the B.N.S. and section
30(a) of the Bihar Prohibition and Excise Act lodged on
27.12.2025 by the informant, Amresh Kumar.
3. As per the prosecution story, the informant alleged
on secret information, reached near the Gandak area and
recovered/seized 80 liters country made liquor, the accused
escaped and the locals gave the name, petitioner included. This
led to the FIR.
Patna High Court CR. MISC. No.15963 of 2026(2) dt.12-03-2026
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4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession and
only due to enmity and having one criminal antecedent, got
implicated.
5. 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.
6. Learned APP opposes the prayer.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the recovery is not from his conscious possession, in
that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. 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/-
Patna High Court CR. MISC. No.15963 of 2026(2) dt.12-03-2026
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court-II,
Muzaffarpur in connection with Deoria P.S. Case No. 261 of
2025 subject to the following conditions:
(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;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(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;
(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;
(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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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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