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Patna High Court

Awadhesh SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No. 32684 of 2026(2) dt.19-06-2026
                                            2/3




          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
            Patna High Court CR. MISC. No. 32684 of 2026(2) dt.19-06-2026
                                                        3/3




                                              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/-

U      T


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