Patna High Court
Sunil Sahani @ Sunil ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sunil Sahani, sought anticipatory bail after being implicated in a case alleging possession of 35 litres of illicit country-made liquor recovered near his hut, violating Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seized liquor was in a public open area, that he did not own the land, and that the procedural requirements of Section 103 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.) were not followed. The State opposed the bail, arguing the seriousness of the offence. The court examined the facts, the lack of direct ownership, and the procedural lapses, and decided to grant anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties, invoking Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in a case of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 103 of the B.N.S. were complied with in the seizure.
- Whether mere proximity of the petitioner’s hut to the seizure site establishes liability.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharitya Nagrik Suraksha Sanhita
- Section 482(2)
- Section 103
- illicit liquor
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34312 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
Sunil Sahani @ Sunil Chaudhari S/o Late Ramji Sahani @ Ramji Chaudhari
Resident of Village - Hathiyahi, P.S. -Piprakothi, District - East Champaran,
Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Piprakothi P.S. Case No. 14 of 2026 registered
for the offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 35 liters of country
made liquor was recovered from a bush in a concealed state,
towards back side of the hut of the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been further submitted that the place of recovery
is an open space accessible to all and petitioner is not the owner
of the said area from which the alleged recovery has been made.
Patna High Court CR. MISC. No.34312 of 2026(2) dt.18-05-2026
2/2
It has been further submitted that the procedures prescribed
under Section 103 B.N.S. has not been followed. It has further
been submitted that liability for the same cannot be fixed upon
the petitioner merely because the petitioner’s hut is situated near
the place of the alleged seizure. It has lastly been submitted that
petitioner has got no antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Piprakothi P.S. Case No. 14 of 2026, subject
to the conditions as laid down under Section 482(2) of the
Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
niku/sahil- (Praveen Kumar, J)
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