Patna High Court
Faguni Sahani @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, finding no constructive possession of the illegal liquor and noting his lack of criminal antecedent.
Summary
The petitioner, Faguni Sahani (Amit Kumar), sought anticipatory bail after an FIR was lodged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018, alleging his involvement in the storage and sale of illegal liquor. The prosecution’s case was based on secret information leading to a raid where 48 litres of country-made liquor and a motorcycle were seized, but the petitioner was not present at the sites and no independent witnesses corroborated the allegations. The petitioner argued that the liquor was recovered from an open public area, he had no connection to the contraband, and he possessed no prior criminal record. The State opposed the bail, but the court noted the absence of constructive possession and the petitioner’s clean antecedent. Consequently, the court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties of equal amount, and conditions under Section 482(2) of the Bihar National Security Act, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023 given the facts of the case.
- Whether the petitioner’s alleged involvement in the illegal liquor seizure establishes sufficient grounds to deny bail.
Subjects
- anticipatory bail
- illegal liquor
- constructive possession
- Section 30(a) Bihar Prohibition and Excise Amendment Act
- Section 41 Bihar Prohibition and Excise Amendment Act
- Section 482(2) B.N.S.S. 2023
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31622 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- Gadhiya Bazar District- East Champaran
======================================================
Faguni Sahani @ Amit Kumar S/O Akhilesh Sahani R/o Vill.- Madipur Tola
Nagargawa P.S.- Gadahiya Bazar, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Gadahiya Bazar P.S. Case No.64 of 2026, F.I.R
dated 11.03.2026 registered for the offences punishable under
Sections 30(a) and 41 of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. As per the prosecution case, the informant-cum-
S.H.O. received secret information regarding storage and sale of
illegal liquor near the bank of river Budi Gandak and at the
house of Akhilesh Sahani. On reaching the respective places, the
accused persons allegedly fled away and were identified by
local people/watchman. As no independent witness agreed to
participate, members of the raiding party were made witnesses.
Patna High Court CR. MISC. No.31622 of 2026(2) dt.07-05-2026
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During search, 30 litres and 18 litres of country-made liquor
respectively, along with one motorcycle, were recovered and
seized, and seizure lists were prepared.
4. Learned counsel for the petitioner submits that the
place of recovery is from an open space, which is accessible to
all. It has further been submitted that the neither the petitioner
was present at the place of occurrence nor the petitioner is in
any way connected with the illicit liquor. Lastly, it has been
submitted that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has no
criminal antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
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
Patna High Court CR. MISC. No.31622 of 2026(2) dt.07-05-2026
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learned Special Judge Excise Court No.-3, East Champaran at
Motihari, in connection with Gadahiya Bazar P.S. Case No.64 of
2026 subject to the condition as laid down under Section 482(2)
of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
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