Patna High Court
Rakesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Rakesh Sahani, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly selling illicit liquor, based on a secret informant’s tip and identification by a watchman. No liquor was recovered from his premises or from his personal possession, and he has no prior criminal record. The petitioner sought anticipatory bail, arguing innocence and lack of direct evidence linking him to the contraband. The court considered the nature of the evidence, the absence of recovery from his property, and his clean antecedent, and found sufficient ground to grant anticipatory bail. Accordingly, the court ordered his release on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on a secret informant and identification by a watchman without seizure from the accused's premises
- Whether the absence of criminal antecedent and lack of direct recovery of contraband from the accused’s possession justify anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- illicit liquor
- secret informant
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18581 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Rakesh Sahani S/o- Jogi Sahani R/v- Lalbegiya Ps- Chiraiya Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard the parties.
2. The petitioners apprehend his arrest in connection with
Chiraiya P.S. Case No. 434 of 2025 dated 08.10.2025 registered
under Sections 30(a) of Bihar Prohibition & Excise Act.
3. As per the F.I.R. the Police received secret information
that the petitioner along with the co-accused was selling illicit
liquor from the Meat Bhuja shop situated under Lalbegiya
Bandh, proceeded towards the place of occurrence and upon
seeing the Police party two persons including the petitioner
succeeded in fleeing away. Upon search, Police recovered 164
liters of country made liquor.
4. Learned counsel for the petitioner submits that petitioner is
innocent and he has not committed any offence in the manner
alleged. He further submits that the name of the petitioner has
surfaced in this case on the identification made by Mahal
Patna High Court CR. MISC. No.18581 of 2026(2) dt.08-04-2026
2/2
Chaukidar. The petitioner is not the owner of the said Meat
Bhuja shop. Illicit country made liquor has not been recovered
from the conscious possession and / or premises belonging to
the petitioner. The petitioner is having no criminal antecedent.
5. Regard being had to the submission made by the parties,
taking into consideration the fact that recovery of liquor has not
been made from a place belonging to the petitioner, he has been
made accused on the basis of secret informant and disclosure of
his name by Mahal Chaukidar and the petitioner is having no
criminal antecedent, accordingly, I am inclined to grant anticipa-
tory bail to the petitioner.
6. 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 fur-
nishing bail bond of Rs. 10,000/- (rupees ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Excise Judge-1, East Champaran, Motihari in connec-
tion with Chiraiya P.S. Case No. 434 / 2025 subject to the con-
dition as laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.