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Patna High Court

Kishore SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25090 of 2026(2) dt.22-04-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.25090 of 2026(2) dt.22-04-2026
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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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