Patna High Court
Mishrilal SahaniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to petitioner no.2 subject to stipulated conditions.
Summary
Petitioners Mishrilal Sahani and Ranjit Sahani filed an anticipatory bail application in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 200 litres of illicit liquor. The first petitioner withdrew the application after being apprehended by police, leading to its dismissal. The second petitioner argued that the seizure was made in an open area without independent witnesses and offered to deposit a sum with the High Court Legal Services Committee. The State opposed bail citing the petitioner's criminal antecedents. The Court, considering the circumstances, granted anticipatory bail to the second petitioner subject to a bail bond of Rs.10,000 with two sureties and a deposit of Rs.5,000, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. for an offence under the Bihar Prohibition and Excise Act.
- Whether the lack of an independent witness to the seizure justifies granting bail.
- Whether the petitioner's criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- seizure without witness
- criminal antecedents
- high court bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25405 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Mishrilal Sahani Son of Nawab Sahani Resident of Village- Banparua, P.S.-
Dumariyaghat, District- East Champaran
2. Ranjit Sahani @ Ranjit Sahni Son of Rama Sahani Resident of Village-
Banparua, P.S.- Dumariyaghat, District- East Champaran
... ... Petitioners
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
: Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioner seeks
permission to withdraw this application with regard to petitioner
no.1 submitting that during pendency of this application the
petitioner no.1 has already been apprehended by the police,
therefore, it has become infructuous.
3. Permission is granted.
4. Accordingly, this application with regard to
petitioner no.1 is dismissed as withdrawn.
5. Now, this application survives only with regard
to petitioner no.2.
6. The petitioner apprehends his arrest in a case
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registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
7. The allegation in the First Information Report is
that 200 litres of country made liquor was recovered from a sack
placed near Hauli Ghat.
8. Learned counsel for the petitioner submits that the
recovery has been made from an open place, which is easily
accessible to others. The name of the petitioner has transpired
on the basis of disclosure made by Chaukidar. It is further
submitted that there is no independent witness to the search and
seizure.
9. Learned APP for the State opposed the prayer for
anticipatory bail on the ground that the petitioner has criminal
antecedents.
10. At this stage, the petitioner has offered to deposit a
sum of Rs.5,000/- (Rupees Five Thousand) in Patna High Court
Legal Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
11. Taking into consideration the facts and
circumstances of the case, let the above named petitioner no.2,
be released on bail, in the event of his arrest or surrender before
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the learned Court below 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 the learned Court below where the case is
pending/successor Court in connection with Dumariyaghat P.S.
Case No. 59 of 2026, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
12. The bail bond of the petitioner no.2 shall be
accepted by the learned Court below on showing receipt of
deposit of the aforesaid amount in the account of Patna High
Court Legal Services Committee, Patna.
(Soni Shrivastava, J)
anand/-
U T
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