Created by Fuzzy Cloud

Patna High Court

Rajan SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to anticipatory bail as the alleged recovery was from an open place and no possession could be established, and prior convictions alone do not warrant denial of bail.

Summary

Petitioner Rajan Sahani applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after police recovered 9.375 litres of illicit liquor from an open bamboo orchard and local residents identified him as involved. The petitioner argued that the recovery was from a public place, he had no conscious or constructive possession, and that Sections 103 and 105 of the Bihar Nagarik Suraksha Sanhita (BNSS) were not complied with, rendering Section 76 of the Prohibition Act inapplicable. The State opposed bail, citing five prior similar convictions and the testimony of locals. The court held that mere prior convictions and recovery from an open area without proof of possession do not suffice to deny anticipatory bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be denied solely on the basis of prior similar convictions.
  • Whether recovery of illicit liquor from an open place without proof of possession justifies denial of bail.
  • Whether the provisions of Sections 103 and 105 of the BNSS and Section 76 of the Bihar Prohibition and Excise Act are applicable in this context.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • prior convictions
  • Section 30(a)
  • Bihar Prohibition Act
  • BNSS
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24260 of 2026
                       Arising Out of PS. Case No.-54 Year-2026 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Rajan Sahani Son of Satrudhan Sahani Resident of village-Malikana
                 Khesrahi, Ps- Patepur, Dist- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shabina Talat
                 For the Opposite Party/s :       Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   03-06-2026                  Heard learned Advocate for the petitioner and learned

                   Additional Public Prosecutor for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Patepur P.S. Case No. 54 of 2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Acting on a tip off regarding trade and storage of

                   illicit wine, the police conducted raid in a bamboo orchard. In

                   course of search, total 9.375 litres Indian made foreign liquor

                   was recovered. The local residents and the Chowkidar disclosed

                   the name of the petitioner as being involved in such activities.

                                4. Learned Advocate for the petitioner submitted that

                   admittedly the alleged recovery has been made from a bamboo

                   orchard, which is an open place easily accessible to all and, as
Patna High Court CR. MISC. No.24260 of 2026(3) dt.03-06-2026
                                            2/3




          such, any recovery of illicit wine from that place cannot make

          the petitioner responsible. Only on account of past criminal

          antecedent, as has been disclosed in para-3, the name of the

          petitioner has been implicated in this case. Moreover, there is

          complete defiance of Sections 103 and 105 of the BNSS. Since

          no recovery has been made from the conscious or constructive

          possession of the petitioner, the rigors provided under Section

          76 of the Bihar Prohibition and Excise (Amendment) Act is also

          not attracted, is the contention of the learned Advocate.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner bears five criminal antecedent of identical nature,

          besides the present one and the local people and the Chowkidar

          disclosed the name of the petitioner, who has been found

          indulge in such activities.

                       6. Having considered the submissions advanced on

          behalf of the respective parties and considering the fact that the

          alleged recovery has been made from an open place easily

          accessible to all, coupled with the defiance of provisions as

          provided under Sections 103 and 105 of the BNSS; moreover

          mere criminal antecedent of a person cannot be a sole ground to

          refuse the anticipatory bail unless there is cogent material
           Patna High Court CR. MISC. No.24260 of 2026(3) dt.03-06-2026
                                                       3/3




                     suggesting his complicity in the crime, let the petitioner

                     abovenamed be released on bail, in the event of his arrest or

                     surrender before the court below within a period of four weeks

                     from the date of receipt/production of a copy of this order, upon

                     furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Prohibition and Excise Court-II-cum District

                     and Additional Sessions Judge, Vaishali at Hajipur in connection

                     with Patepur P.S. Case No. 54 of 2026, subject to the conditions

                     laid down in Section 482(2) of the Bharatiya Nagrik Suraksha

                     Sanhita, 2023, with the further condition that one of the bailors

                     shall be the own/close family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.