Patna High Court
Arun Sahni @ Arun Sahani @ Arun Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail is appropriate given the petitioner’s clean antecedent and absence of incriminating material, subject to statutory conditions.
Summary
The petitioner, Arun Sahni, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 21 litres of illicit liquor recovered from a riverbank. The prosecution alleged that the liquor was seized from a public area, but no material was found on the petitioner and he was not present at the spot. The petitioner’s counsel argued his innocence, clean antecedent, and willingness to cooperate with the investigation. The State opposed the bail. Considering the facts, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023, provided the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of incriminating material justify bail despite the alleged offense.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- illicit liquor
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24052 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Arun Sahni @ Arun Sahani @ Arun Kumar Chaudhary S/o Late Lalji Sahni
@ Late Lalji Chaudhary R/o Village - Harpur Silaut Rahmatpur, P.S -
Samastipur Muffasil, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate.
For the Opposite Party/s : Mr. Nand Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Samastipur Muffasil P.S. Case No.70 of 2026 registered under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 21 liters of illicit
country made liquor was recovered from the bushes of bank of a
river situated near Singhia Chawk.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner has no concern either
with the alleged seized liquor or with the place from where the
recovery has been made as the same has been made from an
Patna High Court CR. MISC. No.24052 of 2026(2) dt.17-04-2026
2/2
open place which is accessible to public at large. Learned
counsel submits that petitioner was not present on the spot and
no incriminating material has been recovered from his conscious
possession. He further submits that petitioner has got clean
antecedent and he undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge Excise-I,
Samastipur/ concerned Court in connection with Samastipur P.S.
Case No.70 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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