Patna High Court
Rajesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S.S., 2023 — s. 482(2)
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
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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,
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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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