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Patna High Court

Faguni Sahani @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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