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Patna High Court

Rajan Kumar @ Rajan SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions, finding the seizure and evidence insufficient to deny bail.

Summary

The petitioner, Rajan Kumar, sought anticipatory bail after police, acting on a secret tip, seized 180 litres of illicit country-made liquor from a bamboo orchard in Sugauli and alleged his involvement based on a chaukidar's statement. The petitioner contended he had no link to the orchard, no physical possession of the liquor, and that the seizure memo lacked signatures of two independent witnesses, casting doubt on the legality of the seizure. The State opposed the bail, invoking the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The High Court noted the procedural deficiencies in the seizure and the absence of direct possession, and consequently granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bail bond, sureties, and cooperation conditions. The order also directed verification of the petitioner’s criminal antecedents and provision for cancellation of bail if concealment is found.

Issues considered

  • Whether anticipatory bail should be granted when the seizure of alleged contraband is questionable and the accused lacks direct possession.
  • Whether the absence of signatures of two independent witnesses on the search and seizure memo invalidates the seizure under applicable law.
  • Whether the provisions of Section 438 CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • search and seizure
  • illegal liquor
  • Section 30
  • Bihar Prohibition Act
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions
  • evidence admissibility
  • independent witnesses

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17529 of 2026
                   Arising Out of PS. Case No.-651 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Rajan Kumar @ Rajan Sahani Son of Ram Kumar Sahani @ Ramkumar
                 Sahani Resident of Village - Mehawa, P.S.- Sugauli, District - East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar
                 For the Opposite Party/s :       Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022 in

                   connection with Sugauli P.S.Case No. 651 of 2025.

                                3. As per the prosecution case, the police on a secret

                   information regarding illegal activity of the petitioner, swung

                   into action and reached the place of occurrence. In course of

                   search, 180 litres of country-made liquor was recovered from a

                   bamboo orchard. It is alleged that the local Chaukidar disclosed

                   the involvement of the petitioner.

                                4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17529 of 2026(2) dt.25-03-2026
                                            2/3




          the petitioner is innocent and has falsely been implicated in the

          present case having clean background. He further submits that

          the recovery has not been made from the conscious physical

          possession of the petitioner.

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

          anticipatory bail of the petitioners.

                       6. Considering the fact that the recovery of liquor has

          been made from a bamboo orchard, to which the petitioner

          claims to have no links and further taking note of the fact that

          no recovery has been made from the conscious physical

          possession of the petitioner and also the fact that the search and

          seizure memo has not been signed by two independent

          witnesses, which puts a question mark over the legality and

          validity on the seizure itself, I am inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Special Judge, Excise Court No.1,

          East Champaran, Motihari in connection with Sugauli P.S.Case

          No. 651 of 2025, subject to the conditions laid down under
           Patna High Court CR. MISC. No.17529 of 2026(2) dt.25-03-2026
                                                       3/3




                     section 438(2) of the Code of Criminal Procedure/Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and

                     subject to further condition that :-

                                  (i) the petitioner shall co-operate in the investigation/

                     trial.

                                  (ii) the learned Court would, however, verify the

                     criminal antecedent of the petitioner and in case 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, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
HR/-

U      T


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