Patna High Court
Surendra Kumar Sahani @ Surendra Kumar @ Surendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted in the present case, subject to bond, sureties and surrender within six weeks, as the procedural safeguards under the BNSS were not complied with.
Summary
Surendra Kumar Sahani and Ranjit Sahani sought anticipatory bail after being implicated in a case involving the seizure of 200 litres of country‑made liquor under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The local chowkidar identified them as having fled the scene, but the petitioners contended that the seizure took place in an open area, they were not present, and the chowkidar’s identification was false. They further argued that the procedural requirements of Sections 103 and 105 of the Bharitya Nagrik Suraksha Sanhita (BNSS) were not observed and that they were already on bail in an unrelated matter. The State opposed the anticipatory bail, but the court examined the facts and the alleged procedural lapses. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a bond of Rs 10,000, two sureties of equal amount, and a condition that the petitioners surrender within six weeks. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the BNSS in view of the alleged procedural irregularities and the nature of the offence.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharitya Nagrik Suraksha Sanhita
- procedural lapse
- criminal procedure
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35593 of 2026
Arising Out of PS. Case No.-471 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Surendra Kumar Sahani @ Surendra Kumar @ Surendra Sahani S/O Dev
Kunar Sahani @ Dev Kuwar Sahni R/O Village-Tajwa , P.S-Pipra , District-
East Champaran.
2. Ranjit Sahani S/O Dev Kunar Sahni @ Dev Kuwar Sahni R/O Village-Tajwa
, P.S-Pipra , District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners are apprehending their arrest in
connection with Pipra PS Case No 471 of 2025 registered for
the offence punishable under Sections 30 (a), 41 (1) of the Bihar
Prohibition and Excise Act.
4. As per the allegation, 200 liters of country made
liquor was recovered from a bush. Petitioners were identified
by the local Chowkidar to have fled away from the place of
seizure.
Patna High Court CR. MISC. No.35593 of 2026(2) dt.21-05-2026
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5. Learned counsel for the petitioners has submitted
that the petitioners were not arrested from the spot and the place
of seizure does not belong to them. It has further been
submitted that the place of seizure is an open area which is
accessible to all. It has further been submitted that the
petitioners are on inimical terms with the local Chowkidar and
he has falsely named the petitioners to be the persons who fled
away from the place of seizure. It has further been submitted
that no procedure prescribed under Sections 103 and 105 of the
BNSS has been followed. It has lastly been submitted that the
petitioners are accused in one another case but not of similar
nature and they are on bail in that case.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioners.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on each of them 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, East Champaran at Motihari, in connection with
Patna High Court CR. MISC. No.35593 of 2026(2) dt.21-05-2026
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Pipra PS Case No 471 of 2025 subject to the conditions as laid
down under Section 482 (2) of the Bharitya Nagrik Suraksha
Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
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