Patna High Court
Kishore SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail subject to statutory conditions.
Summary
Kishore Sahni was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 420 litres of illicit liquor recovered from an open area called Murahi Diyara. The petitioner claimed he was falsely implicated and had no connection with the recovered liquor. The State opposed the grant of pre‑arrest bail. The High Court examined the FIR, the open‑space nature of the recovery, and the State's failure to enforce its liquor policy, and concluded that the petitioner had made out a prima facie case for bail. Accordingly, the court ordered his release on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of his criminal antecedents. The order will lapse if the petitioner is found to have other criminal cases.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of recovery of illicit liquor from an open space justify granting bail.
- Whether conditions under Section 482(2) of the BNSS may be imposed on the bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- open space recovery
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25090 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- MAKER District- Saran
======================================================
Kishore Sahni Son of Late Amir Sahni Resident of Village- Baligaw, P.S.-
Parsa, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Avinash Kumar Pandey , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Avinash Kumar Pandey, learned counsel
appearing on behalf of the petitioner and Mr. Avinash Kumar
Pandey, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Maker P.S. Case No. 13 of 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 420 litres of
illicit liquor was recovered near the Murahi Diyara.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that recovery of illicit liquor has been made from the
Murahi Diyara, which is an open space and is easily accessible
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by anyone. Petitioner has no concern either with the place of
recovery or with the alleged recovered liquor.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that recovery of illicit liquor has
been made from the Murahi Diyara, which is an open space and
is easily accessible by anyone and also the fact that the State has
failed to implement its liquor policy in its true spirit, I am of the
opinion that petitioner has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Maker P.S. Case No. 13 of 2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
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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 paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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