Patna High Court
Munnilal SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as no offence under Section 30(a) is made out against the petitioners.
Summary
The petitioners, three members of the Sahani family, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after liquor was seized from a motorcycle. The FIR alleged that the accused were involved in the transport of 435 litres of country‑made liquor, but the petitioners contended they neither owned the motorcycle nor had any criminal antecedent. Relying on the Patna High Court’s Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court examined the lack of possession and prior record. The court found no substantive basis to conclude that an offence had been committed by the petitioners and therefore granted anticipatory bail with strict conditions. The order directs the petitioners to surrender or appear within four weeks and comply with several bail conditions, including regular appearances before police and the trial court.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioners can be said to have committed an offence under Section 30(a) given the facts of the case.
- Whether the lack of possession and criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32248 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- SUGAULI District- East Champaran
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1. Munnilal Sahani S/O Charitar Sahani Resident of Village- Bhediyari Konwa
Tola, PS- Sugauli, District- East Champaran
2. Arjun Sahani S/O Munnilal Sahani Resident of Village- Bhediyari Konwa
Tola, PS- Sugauli, District- East Champaran
3. Jaikaran Sahani S/O Munnilal Sahani Resident of Village- Bhediyari Konwa
Tola, PS- Sugauli, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjwal Kumar Singh
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Sugauli P.S. Case No. 58 of 2026 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act, lodged on 08.02.2026 by the informant, Anurag Raj.
3. As per the prosecution story, the informant alleged
that on secret information, during patrolling, one Radheshyam
was apprehended and there is recovery of 15 litres of country
made liquor. Later, the police got another information about
movement of liquor on a motorcycle, intercepted it and though
the accused managed to escape, 435 litres of country made
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liquor recovered from the said motorcycle. This led to the FIR.
4. Learned counsel for the petitioners submit that they
are not the owner of the seized motorcycle nor has any
connection with the recovery of the seizure. Last submission is
that they do not have any criminal antecedent.
5. Further, learned counsel for the petitioners relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
their names have been cropped up on the basis of statement
made by the Chowkidar.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also nothing has been recovered from the conscious possession
of the petitioners nor they have criminal antecedent, in that
background, this Court is inclined to extend them the privilege
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of anticipatory bail.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Judge-1 I/C,
East Champaran at Motihari, in connection with Sugauli P.S.
Case No. 58 of 2026, subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for co-operating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
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taken for the cancellation of the bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ranjeet/-
U T
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