Patna High Court
Uday SahaniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to Harinand Sahani subject to conditions and rejected anticipatory bail for Uday Sahani, directing the trial court to decide on his surrender‑cum‑bail application.
Summary
The petitioners, Uday Sahani and Harinand Sahani, were implicated in a case (PS No.30 of 2026) for possession of 60 litres of illicit liquor under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They applied for anticipatory bail, claiming innocence and no conscious possession, while the State highlighted their criminal antecedents. The court granted anticipatory bail to Harinand Sahani on the condition of furnishing a Rs.30,000 bail bond under Section 2(1)(d) of the BNSS, 2023 and compliance with Section 482(2) of the same Act. Conversely, the court rejected anticipatory bail for Uday Sahani, directing the Special Judge‑I (Excise) to consider his surrender‑cum‑bail application within four weeks. The order reflects a differentiated approach based on the petitioners' antecedents and the nature of the pending cases.
Issues considered
- Whether anticipatory bail should be granted to Harinand Sahani under the Bihar Prohibition and Excise (Amendment) Act, 2022 and BNSS, 2023.
- Whether anticipatory bail should be denied to Uday Sahani considering his criminal antecedents.
- Whether the presence of a pending non‑excise case affects the grant of anticipatory bail.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedents
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27009 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
1. Uday Sahani S/O Manoj Mukhiya @ Manoj Sahani Resident of Village-
Dighara, P.S.- Ashok Paper Mill (A.P.M), Distt.- Darbhanga.
2. Harinand Sahani @ Harinandan Sahani S/O Madan Sahani Resident of
Village- Dighara, P.S.- Ashok Paper Mill (A.P.M), Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Ashok Paper Mill (A.P.M.) P.S. Case No. 30 of
2026, dated 01.03.2026, lodged under Sections 30(a) & 30(d) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 60 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that nothing has been recovered from
Patna High Court CR. MISC. No.27009 of 2026(2) dt.22-04-2026
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the conscious possession of the petitioners. Counsel further
submits that the criminal antecedents of the petitioners are not
clean, as there is one criminal case pending against them,
however, against petitioner No. 2, the pending case is not related
to an excise matter, and in terms of excise matters, the
antecedent of petitioner No. 2 is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the criminal antecedents
are not clean.
6. In the present facts and circumstances of this case,
let the petitioner No. 2, namely, Harinand Sahani @ Harinandan
Sahani be released on anticipatory bail, in the event of arrest or
surrender before the Trial Court within a period of 4 weeks from
today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023
to the satisfaction of Special Judge-I (Excise Act), Darbhanga,
in connection with Ashok Paper Mill (A.P.M.) P.S. Case No. 30
of 2026, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
7. So far as the bail application of the petitioner No. 1,
namely, Uday Sahani is concerned, his bail application is
hereby rejected, with a liberty that in case, the petitioner No. 1
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surrenders within four weeks before the Trial Court, then the
Trial Court is directed to pass order on his surrender-cum-bail
application on the same day without being prejudice that the
anticipatory bail of the petitioner No. 1 has been rejected by this
Court and the Trial Court shall pass order on the merit of this
case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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