Patna High Court
Binay Kumar Sahani @ Vinay Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the alleged possession was not made from his conscious physical control.
Summary
The petitioner, Binay Kumar Sahani, was implicated in a case (PS Case No. 440 of 2023) for allegedly possessing 10 litres of illicit liquor and engaging in illegal trade under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed that his motorcycle, which was used to transport the liquor, had been lent to a friend, Narayan Das, for a medical errand, and that he had no knowledge of the illicit activity. The State opposed his application for anticipatory bail, arguing that the alleged possession could be linked to him. The Court examined the factual submissions and noted that the recovery of liquor did not appear to be from the petitioner's conscious physical possession and that he had a clean antecedent. Consequently, the Court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita
- Whether the alleged possession of illicit liquor was made with the petitioner's conscious knowledge and control
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36840 of 2026
Arising Out of PS. Case No.-440 Year-2023 Thana- MADHUBAN District- East Champaran
======================================================
Binay Kumar Sahani @ Vinay Kumar Sahani S/o Surendra Sahani Resident
of village- Khairawa @ Khairawa Chakchauhani, P.S - Madhuban, District -
East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Madhuban P.S. Case
No. 440 of 2023 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 10 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that under good faith, the petitioner provided his
motorcycle to his friend namely, Narayan Das on assurance that he
is going to market for purchasing medicine for his mother, but he
misused his motorcycle for transporting recovered illicit liquor
without any knowledge of the petitioner. It is submitted that
Patna High Court CR. MISC. No.36840 of 2026(2) dt.17-06-2026
2/2
alleged recovery admittedly was not made from conscious
physical possession of this petitioner, who is a man of clean
antecedent.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie not
appears to be made from conscious physical possession of this
petitioner, who is a man of clean antecedent, accordingly, above-
named petitioner, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court No. 03, I/c Civil Court,
East Champaran at Motihari/ concerned court in connection with
Madhuban P.S. Case No. 440 of 2023, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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