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Patna High Court

Rajesh SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Petitioner Rajesh Sahani sought anticipatory bail after police, acting on secret information, seized 87.6 litres of illicit liquor from a paddy field and identified him as one of the persons who discarded the liquor. The petitioner contended that the liquor was recovered from an open space, not from his premises, and that he had no knowledge or involvement, emphasizing his clean antecedent. The State opposed the bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The Court observed that there was no constructive possession or link of the seized liquor to the petitioner’s premises and noted his clean record. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves illicit liquor seized from an open field with no constructive possession by the accused.
  • Whether identification of the accused based solely on secret information and a chowkidar’s testimony suffices for arrest under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether Section 482(2) of the B.N.S.S., 2023 permits the grant of anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • constructive possession
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • B.N.S.S. 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17633 of 2026
                    Arising Out of PS. Case No.-463 Year-2025 Thana- PATAHI District- East Champaran
                 ======================================================
                 Rajesh Sahani Son of Ramdev Sahani Resident of village - Suga Pipar, P.S.-
                 Patahi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Patahi P.S. Case No.463 of 2025, F.I.R dated

                   04.11.2025 registered for the offences punishable under Sections

                   30(a) of the Bihar Prohibition and Excise Amendment Act,

                   2022.

                                3. As per the prosecution case, on 04.11.2025 at about

                   5:00 PM, the informant, Baban Kumar, S.H.O., Patahi P.S.,

                   while on patrolling duty with his team, received secret

                   information that Ramdev Sahani and Upendra Sahani were

                   concealing and selling illicit liquor. Acting on the information,

                   the police team reached near the house of Rajesh Sahani, where

                   they allegedly saw two persons concealing sacks of liquor about
Patna High Court CR. MISC. No.17633 of 2026(2) dt.25-03-2026
                                            2/3




          100 meters away from the house. On seeing the police, both

          persons allegedly threw the sacks into a paddy field and fled

          away. The local chowkidar identified the fleeing persons as

          Rajesh Sahani (petitioner) and Upendra Sahani. Upon search of

          the sacks, the police allegedly recovered 87.600 litres of Nepali

          liquor.

                       4. Learned counsel for the petitioner submits that

          recovery of the seized liquor has been made from a paddy field,

          and the place of recovery is from an open space, which is

          accessible to all, and is not at all related to the petitioner. It has

          further been submitted that the name of the petitioner has

          transpired on the basis of secret information given by a local

          chowkidaar. It has lastly been submitted that the petitioner has

          clean antecedent and has no knowledge about the said recovery

          and is in no way connected with the seized liquor.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that illicit liquor has

          not been recovered from the constructive possession and / or

          premises belonging to the petitioner and the petitioner has clean

          antecedent and is in no way connected with the seized liquor,
           Patna High Court CR. MISC. No.17633 of 2026(2) dt.25-03-2026
                                                       3/3




                     accordingly, this Court is inclined to grant anticipatory bail to

                     the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned Exclusive Special Excise Court No.3, East Champaran,

                     in connection with Patahi P.S. Case No.463 of 2025 subject to

                     the condition as laid down under Section 482(2) of the B.N.S.S.,

                     2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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