Patna High Court
Sandeep Sahani @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that anticipatory bail must be granted, subject to the stipulated conditions.
Summary
The petitioners, Sandeep Sahani and Teleshwar Sahani, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise (Amendment) Act for alleged possession of 110 litres of country‑made liquor recovered near a pond. They contended that they were falsely implicated, that the names were supplied by a local chowkidar, that no liquor was found in their conscious possession and that they have a clean antecedent. The State opposed the bail. The Court examined the lack of direct recovery from the petitioners and their clean record, and applied its inherent powers under Section 482(2) of the BNSS. It ordered that the petitioners be released on anticipatory bail if arrested or they surrender within six weeks, subject to a bail bond of Rs 10,000 each with two sureties. The order was conditioned on compliance with the Special Judge, Excise Court No. 1, East Champaran.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in the absence of recovery of liquor from their possession and given their clean antecedent.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- false implication
- clean antecedent
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15975 of 2026
Arising Out of PS. Case No.-305 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
1. Sandeep Sahani @ Sandeep Kumar, aged about 28 years, Male, Son of
Kishor Sahani @ Sukhal Sahni Resident of Village- Purbari Tola Lakhaura,
P.S.- Lakhaura, District- East Champaran
2. Teleshwar Sahani, aged about 51 years, Male, Son of Late Jangi Sahani
Resident of Village- Purbari Tola Lakhaura, P.S.- Lakhaura, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 30(a), 32
and 41(1) of the Bihar Prohibition and Excise (Amendment)
Act.
3. As per allegation in the FIR, total 110 litres country
made liquor was recovered from the bush near one Raghuvir
Sahani pond.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. He next
Patna High Court CR. MISC. No.15975 of 2026(2) dt.25-03-2026
2/2
submits that the name of both the petitioners were disclosed by
local Chowkidar and they were not arrested at the spot, nothing
has been recovered from the conscious possession of the
aforesaid liquor from the petitioners and petitioners have got
clean antecedent as stated in para-3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid facts as well as the fact that
there is no recovery of the aforesaid liquor from the conscious
possession of the petitioners, so let the above named two
petitioners be released on anticipatory bail, in the event of their
arrest or surrender before the trial court within a period of six
weeks from today 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. 1, East
Champaran, Motihari in connection with Lakhaura P.S. Case
No. 305 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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