Patna High Court
Fantus SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that anticipatory bail should be granted to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Fantus Sahani, a Sahayak in Katihar, was implicated in a case (PS‑Katihar Case No. 989 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving the sale of illicit country‑made liquor. The police raid recovered 25 litres of liquor and identified the petitioner as one of the accused who fled the scene, based on information from a local informant. The petitioner contended that he was falsely implicated, that the location was a public open area, and that he was named out of personal enmity, despite having four prior criminal antecedents. He applied for anticipatory bail, which the State opposed. After hearing both sides, the Court considered the facts, the nature of the offence, and the provisions of Section 482(2) of the B.N.S.S., and ordered that anticipatory bail be granted if the petitioner surrenders within six weeks, subject to a bail bond of Rs 10,000 and two sureties. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged involvement and prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18919 of 2026
Arising Out of PS. Case No.-989 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Fantus Sahani S/o- Chilla Sahani R/v- Ranigha, PS- Katihar Sahayak, Distt-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Katihar Town (Sahayak) P.S. Case No. 989 of
2025 dated 09.10.2025 registered for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, upon information that some
persons are selling liquor under the Gaushala Rani Ghat Dam,
the place was raided by the informant and other police party,
seeing the police force, the persons present there fled away. It
has been alleged that upon enquiry, the local person disclosed
the names of persons, who fled away, as co-accused Raja
Paswan and this petitioner. It has further been alleged that on
Patna High Court CR. MISC. No.18919 of 2026(3) dt.18-05-2026
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being searched, total quantity of 25 litres of illicit country-made
liquor was recovered from the bottles and plastic bags which
were left behind them by the accused persons.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that the place of occurrence
is an open place accessible to all, the place does not belong to
the petitioner and the inimical persons of the locality has named
the petitioner to be one of the persons who fled away from the
place of occurrence, due to enmity. It has lastly been submitted
that petitioner has got four criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory 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 court concerned,
Katihar in connection with Katihar Town (Sahayak) P.S. Case
No. 989 of 2025, subject to conditions as laid down under
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section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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