Patna High Court
Jitendra Sahni @ Jitender Sahni @ Mithu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court conditionally ordered that the petitioner be released on pre‑arrest bail if he is not the owner of the vehicle and has no criminal antecedent, pending verification by the District Court.
Summary
The petitioner, Jitendra Sahni, applied for pre‑arrest bail in a case (Laheriasarai P.S. Case No. 590 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 336 litres of country‑made liquor from a pickup van. He contended that he had no ownership or control over the vehicle (registration BR‑07GA‑0490) or the seized liquor and that the recovery site was a public open area. The State opposed the bail, arguing the seriousness of the offence. The High Court, after hearing both sides, directed the District Court to verify the vehicle’s registration and the petitioner’s criminal antecedent; if he is not the owner, he may be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 438(2) CrPC and Section 482(2) BNSS. The order also stipulated that the bail order would lapse if any antecedent is found. The bail application was consequently disposed pending verification.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) CrPC in a case under the Bihar Prohibition and Excise Act.
- Whether ownership of the pickup van and involvement in the alleged liquor seizure can be established.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illegal liquor
- vehicle ownership verification
- criminal antecedent
- Section 438 CrPC
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21249 of 2026
Arising Out of PS. Case No.-590 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Jitendra Sahni @ Jitender Sahni @ Mithu Sahni S/o Munna Sahani @ Tunnu
Sahni R/o Village- Maulaganj, P.S- Laheriasarai, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate.
Mr. Saurav Anand, Advocate.
For the Opposite Party/s : Mr.Manoj Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Laheriasarai P.S. Case No. 590 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, as amended uptodate.
3. Allegation is of recovery of 336 litres of country
made liquor from a pickup van bearing Registration No. BR-
07GA-0490.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent, but he admits
that the petitioner consumes liquor for which his wife had
earlier lodged an F.I.R. against him, in which case, he has been
Patna High Court CR. MISC. No.21249 of 2026(2) dt.16-04-2026
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released on pre-arrest bail and for the said reason and one
criminal antecedent under Excise Act, petitioner has been made
accused in the present case. Learned counsel further submits
that the petitioner has no connection either with the driver or
owner of the Pickup Van bearing Registration No. BR-07GA-
0490 from which total recovery is of 336 litres of country made
liquor. He has no concern either with the seized liquor or trade
of liquor in any manner. The place of recovery is an open place
which is accessible to anyone.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties and the fact that the seizure list forms part of the
F.I.R. in which place of recovery is Maulaganj Wali Pokhar
which is an open place and accessible to anyone, the learned
District Court is directed to verify from the District
Transport Officer concerned, as to whether, the Pickup Van
bearing Registration No. BR-07GA-0490 is registered in the
name of the petitioner and if it is found that the petitioner is
not the owner of the aforesaid pickup van, then in that case,
the petitioner, above named, be released on pre-arrest bail,
in the event of his arrest or surrender before the Court below
Patna High Court CR. MISC. No.21249 of 2026(2) dt.16-04-2026
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within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of learned District Court where
the case is pending in connection with Laheriasarai P.S. Case
No. 590 of 2025, subject to the condition as laid down under
Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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