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Patna High Court

Sudhir Sahni @ Sudhir KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners, subject to surrender, bail bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioners Raju Yadav, Ayush Gupta and Sudhir Sahni applied for anticipatory bail fearing arrest in connection with Tajpur Police Station Case No. 64 of 2026, which involves alleged offences under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act for the seizure of 1,109.52 litres of illicit foreign liquor from a pick‑up vehicle. The petitioners contended that they were neither owners nor drivers of the vehicle, that their names were supplied by the apprehended driver, that no liquor was recovered from their possession, and that the seizure list lacked an independent witness and violated Section 105 of the BNSS. The State opposed bail, highlighting the petitioners’ prior criminal antecedents—three cases for Raju Yadav, four for Ayush Gupta and three for Sudhir Sahni. After hearing both sides, the Court was persuaded by the petitioners’ claim of lack of direct involvement and procedural lapses in the seizure. Accordingly, the Court ordered that the petitioners be enlarged on anticipatory bail, subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the BNSS. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition and Excise Act in view of the alleged seizure of illicit liquor and their alleged involvement.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor seizure
  • criminal antecedent
  • Section 105 BNSS
  • Section 482(2) BNSS
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.33927 of 2026
                      Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Raju Yadav @ Raju Rai S/o Devendra Yadav @ Devendra Rai Resident of
                 Naua Chak, Bhagwatpur, P.S.- Sarairanjan, District- Samastipur, Bihar
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 34769 of 2026
                      Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Ayush Gupta @ Ayush Rai Son of Sunil Gupta R/O Vill.- Tajpur, P.S.- Tajpur,
                 District - Samastipur.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 34781 of 2026
                      Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Sudhir Sahni @ Sudhir Kumar S/o Late Govind Sahni (wrongly typed in
                 impugned order as Govind Sahni) Resident of Village- Motipur, P.S.- Tajpur,
                 District- Samastipur
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 33927 of 2026)
                 For the Petitioner/s     : Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s : Mr. Anant Kumar 1, APP
                 (In CRIMINAL MISCELLANEOUS No. 34769 of 2026)
                 For the Petitioner/s     : Mr. Anish Kumar, Advocate
                 For the Opposite Party/s : Mr. Arun Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 34781 of 2026)
                 For the Petitioner/s     : Mr. Anish Kumar, Advocate
                 For the Opposite Party/s : Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-05-2026                 Heard learned counsel for the petitioners and learned

                   APP for the State.
Patna High Court CR. MISC. No.33927 of 2026(2) dt.15-05-2026
                                            2/3




                       2. The instant application for anticipatory bail has been

          filed by the petitioners apprehending their arrest in connection

          with Tajpur P.S. Case No. 64 of 2026 instituted for the offence

          under Sections 30(a), 41(1) and 41(2) of Bihar Prohibition and

          Excise Act.

                       3. The case of the prosecution is that from a pick-up

          vehicle, altogether 1109.52 liters of illicit foreign liquor was

          recovered.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have falsely been implicated in this

          case. Learned counsel for the petitioners has further submitted that

          the petitioners are neither the owner nor the driver of the said

          pick-up vehicle. They are not apprehended on spot rather their

          names were disclosed by the apprehended person. Nothing has

          been recovered from the possession of the petitioners. They have

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner, namely, Raju Yadav has submitted that the

          address of the petitioner does not match with Raju Yadav as

          named by the driver of the said pick-up who was apprehended on

          spot. Learned counsel for the petitioners has also submitted there

          is no independent witness of the seizure list rather they are police

          personnel and police has not complied Section 105 of BNSS while
            Patna High Court CR. MISC. No.33927 of 2026(2) dt.15-05-2026
                                                        3/3




                      preparing the seizure list.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioners and has submitted

                      that petitioner, namely, Raju Yadav is having criminal antecedent

                      of three cases, petitioner, namely, Ayush Gupta is having criminal

                      antecedent of four cases and petitioner, namely, Sudhir Sahni is

                      having criminal antecedent of three cases.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioners on bail. The petitioners are

                      directed to surrender in the Court below within a period of four

                      weeks from today and in the event of their arrest or surrender in

                      connection with Tajpur P.S. Case No. 64 of 2026, they will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) each with two sureties of the like amount each to

                      the satisfaction of learned Special Judge Excise-II, Samastipur

                      subject to the conditions as laid down under section 482(2) of

                      B.N.S.S,



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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