Patna High Court

Santosh SahniversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions, as he is not in direct possession of the liquor and has a clean antecedent.

Summary

The petitioner, Santosh Sahni, was implicated in a case (PS Case No.162/2025) for allegedly possessing 15 litres of liquor recovered from a motorcycle he owned. He argued that he had no knowledge of the liquor, was not in possession at the time of seizure, and had a clean criminal record. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and 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. The order is conditioned on Section 482(2) of the B.N.S.S. and the provisions of the Bihar Prohibition and Excise Amendment Act, 2022.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
Whether ownership of the vehicle from which liquor was recovered makes the owner liable for the offence.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Amendment Act
Section 30(a)
vehicle ownership
clean antecedent
Section 482(2) of B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16488 of 2026
                      Arising Out of PS. Case No.-162 Year-2025 Thana- BOKHRA District- Sitamarhi
                 ======================================================
                 Santosh Sahni S/O Kapileshwar Sahni R/O Vill.- Kurhar, P.s.- Bokhra, Dist.-
                 Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar
                 For the Opposite Party/s :       Mr. Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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 Section 30(a) 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 15 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.16488 of 2026(3) dt.06-04-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       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 Bokhra P.S. Case No.162/2025, 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

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

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.16488 of 2026(3) dt.06-04-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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