Patna High Court
Indal SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Indal Sahni, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 294 litres of illicit liquor seized from a motorcycle. The prosecution alleged the liquor was recovered from the vehicle, but the petitioner asserted he was neither the driver nor the owner and that no incriminating material was found in his conscious possession. He further contended that the accusation was based solely on villagers' statements and highlighted his clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the lack of direct possession, absence of material against the petitioner, and his clean record, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case?
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35737 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- JIRADEI District- Siwan
======================================================
Indal Sahni Son of Brijanand Sahni @ Brijnath Sahni Resident of Bishunpura
Bazar, P.S.- Jiradei, District- Siwan, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 294 litres illicit liquor
was recovered from the seized Motorcycle bearing Reg. No.
BR06BS5538.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
only on the basis of discloser made by villagers. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.35737 of 2026(2) dt.25-06-2026
2/2
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of Exclusive
Special Excise Court No-1, Siwan in connection with Jiradei P.
S. Case No. 153 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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