Patna High Court

Sanjay SahaniversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail is denied.

Summary

The petitioner, Sanjay Sahani, sought anticipatory bail in a case (PS Case No. 623 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of 10 litres of illicit liquor. The prosecution argued that the liquor was recovered from a bush near the petitioner’s house and that the petitioner had five pending excise cases, indicating a criminal antecedent. The petitioner’s counsel contended that the liquor was not found in his conscious possession and that his involvement was based merely on suspicion. The High Court, after hearing both sides, declined to grant anticipatory bail, emphasizing the pending cases and the nature of the offence. However, the Court directed that if the petitioner surrenders within four weeks, the trial court must promptly consider his bail application on merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the circumstances of recovery and the petitioner’s pending criminal cases.

Subjects

anticipatory bail
excise law
illicit liquor
Section 30(a)
bail jurisprudence
pending criminal cases
suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22681 of 2026
                 Arising Out of PS. Case No.-623 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Sanjay Sahani Son of Late Girja Sahni R/o Village - Bara Bariyarpur, P.S. -
                 Chhatauni, Dist. - East Champaran.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Chhatauni P.S. Case No. 623 of 2025 lodged on

                   19.10.2025, for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022

                   pending in the Court of Exclusive Special Judge, Excise Court

                   No.1, East Champaran, Motihari.

                                3. As per the prosecution, FIR has been lodged against

                   the sole petitioner. Total recovery of 10 litres of illicit liquor has

                   been made, which is the subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22681 of 2026(2) dt.16-04-2026
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          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the said recovery has been made

          from the bush which is situated near the house of the petitioner.

          Counsel submits that the petitioner was not apprehended from

          the place of occurrence and his name has figured in this case

          only on the basis of suspicion. Counsel further submits that the

          criminal antecedent of the petitioner is not clean as there are

          five cases pending against him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is not clean as there are five cases pending against

          him and all are registered under Excise Act and this aspect must

          be taken into consideration.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner stands rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his

          surrender-cum-bail application on the same day, without being

          prejudice that the anticipatory bail of the petitioner has been
             Patna High Court CR. MISC. No.22681 of 2026(2) dt.16-04-2026
                                                         3/3




                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T

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