Patna High Court
Chandi Sah @ Chandeshwar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court refused anticipatory bail but ordered that the petitioner may be released on bail upon arrest or surrender within six weeks, subject to prescribed conditions.
Summary
The petitioner, Chandi Sah, sought anticipatory bail fearing arrest in a case involving the alleged possession of 80 litres of illicit liquor recovered from an open field near another individual's house. The prosecution alleged violations of Sections 274, 275, 3(5) of the Bharatiya Nagrik Suraksha Sanhita and Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner argued he had no possession of the liquor, no material linked to him, and was falsely implicated, offering to cooperate with the investigation. The State opposed the anticipatory bail. The Court, noting the recovery was from a location not belonging to the petitioner and lack of direct evidence, declined to grant anticipatory bail but directed that if the petitioner is arrested or surrenders within six weeks, he may be released on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S.S., 2023. The order thus conditions bail on future arrest rather than providing pre‑emptive relief.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case of alleged illicit liquor possession.
- Whether the facts disclosed justify the grant of anticipatory bail or merely conditional bail upon arrest.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 274, 275, 3(5), 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32249 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- TURKAULIYA District- East Champaran
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Chandi Sah @ Chandeshwar Sah Son of Late Cuman Sah @ Chuman Sah
Resident of Village- Shankar Sariya Kasba Tola, P.S.- Turkauliya, District-
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Turkaulia P.S. Case No. 55 of 2026, instituted under
Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the
Bihar Prohibition & Excise Act.
3. As per the prosecution case, total 80 litres Sprit has
been recovered from the open field near the house of Mukesh
Manjhi, kept beneath the pile of grass and foliage.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Nothing has been recovered either from the conscious
possession of the petitioner or from his house. Recovery of
illicit liquor has been made from an open place. Except
suspicion, there is no material against the petitioner. Petitioner
Patna High Court CR. MISC. No.32249 of 2026(2) dt.13-05-2026
2/2
has no concern with the place of occurrence and the seized
liquor. Petitioner has one criminal antecedent in which he is on
bail. Petitioner undertakes to co-operate in the investigation and
trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and recovery
has been made from an open place which does not belong to the
petitioner, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Court of Exclusive Special Excise Judge-I, East
Champatan (Motihari) in connection with Turkauliya P.S. Case
No. 55 of 2026, subject to the conditions laid down in Section
482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.),
2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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