Patna High Court
Awadhesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Awadhesh Sahni applied for anticipatory bail fearing arrest in a case (Turkauliya PS Case No. 27 of 2026) involving alleged offences under Sections 274, 275 and 3(5) of the B.N.S. read with Section 30(a) of the Bihar Prohibition and Excise Act, where 320 litres of illicit liquor were recovered from a co‑accused’s house. The petitioner claimed a clean antecedent, asserted innocence, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts, allowed the anticipatory bail, directing the petitioner to furnish bail bonds of Rs. 10,000 each with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, attend the police station regularly, and undergo antecedent verification, all subject to Section 482(2) of the B.N.S.S. The order was made clear to be prima facie and not affect the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged illicit liquor offences under the Bihar Prohibition and Excise Act and related statutes.
- Whether the petitioner’s claim of clean antecedent and willingness to deposit money justify the grant of anticipatory bail.
- What conditions may be imposed under Section 482(2) of the B.N.S.S. when granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) — s. 274, 275, 3(5)
- Bihar Negotiable Instruments (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 32684 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- TURKAULIYA District- East Champaran
======================================================
Awadhesh Sahni Son of Kanhai Sahni Resident of Village- Kawalpur Kanhi
Tola, P.S.- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Turkauliya P.S. Case No. 27 of 2026 registered for offences
under Sections 274, 275 & 3(5) of B.N.S. read with Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is a recovery
of 320 litres of illicit liquor from the house of co-accused
Manager Sahani @ Mainejar Sahani and the petitioner was
found running away from the house. The petitioner claims clean
antecedent.
4. Learned counsel for the petitioner submits that
the petitioner is quite innocent and has committed no offence.
There is no recovery from the conscious possession of the
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petitioner. The petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand Only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Turkauliya P.S. Case No. 27 of 2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S., also with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) with Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before the
court below. The bail bonds shall be
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accepted only after verification of the
genuineness of the said receipt.
(ii) The petitioner shall mark his
attendance at Turkauliya Police Station on
first and third Sunday of each month. In the
event of default, the bail bonds shall be
liable to be cancelled.
(iii) At the time of acceptance of
bail bonds, the court below shall verify the
antecedents of the petitioner. The bail bonds
shall be accepted only upon confirmation
that the petitioner has no criminal
antecedent. However, such verification shall
not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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