Patna High Court
Vishal Sahani @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the BNSS, 2023.
Summary
The petitioner, Vishal Sahani, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 49.50 litres of illicit liquor. He applied for anticipatory bail, asserting that he had no conscious possession, that the case was politically motivated, and that he has a clean criminal record. The State opposed the bail, arguing that the recovery of illicit liquor justified detention. The High Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.30,000 and conditions prescribed under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic and Special Substances (BNSS) Act, 2023. The order was made to be effective if the petitioner is arrested or surrenders within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023 in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the material on record justifies denial of bail.
Legislation cited
- Bihar Narcotic and Special Substances (BNSS) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- prohibition act
- political victimisation
- bail bond
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36442 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
Vishal Sahani @ Vishal Kumar Suresh Sahani @ Suresh Sahni Resident of
Village - Raghunathpur, P.S.- Raghunathpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Raghunathpur P.S. Case No. 69 of 2026, dated 14.02.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
4. As per the prosecution, total recovery of 49.50 litres
of illicit liquor has been made, which is the subject matter of the
present case.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
Patna High Court CR. MISC. No.36442 of 2026(2) dt.04-06-2026
2/2
conscious possession of the petitioner. Counsel further submits
that the petitioner’s name has figured in this case due to village
politics. Counsel also submits that the criminal antecedent of the
petitioner is clean.
6. Learned APP for the State opposes the prayer for
bail of the petitioner.
7. Considering the facts and circumstances of the
present case, let the above-named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Judge-I, East
Champaran (Motihari) in connection with Raghunathpur P.S.
Case No. 69 of 2026, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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