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Patna High Court

Lal SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified monetary and attendance conditions.

Summary

Lal Sahani applied for anticipatory bail fearing arrest in a case (Benipatti P.S. Case No. 421 of 2025) alleging possession of 9 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, no prior criminal record, and offered to donate Rs.20,000 to a charitable organization without admitting guilt. The court, after hearing counsel, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.20,000 with Ramakrishna Mission Ashram, and attend the police station on specified days. The bail is conditioned on verification of the petitioner’s clean antecedent and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. Failure to comply would lead to cancellation of bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the alleged illicit liquor case
  • Whether the conditions imposed by the court are lawful and appropriate under Section 438(2) CrPC and Section 482 BNSS
  • Whether the petitioner’s offer to donate money without admission of guilt affects the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition law
  • false implication
  • bail conditions
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37812 of 2026
                    Arising Out of PS. Case No.-421 Year-2025 Thana- BENIPATTI District- Madhubani
                 ======================================================
                 Lal Sahani S/O Zari Sahani R/O Village- Gulriya tol, ward no. 8, P.S-
                 Benipatti, Distt.- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumari Pallavi
                 For the Opposite Party/s :       Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Benipatti P.S. Case No. 421 of 2025 registered

                   for the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                   3. As per the prosecution case, the recovery is of 9

                   liters of illicit liquor.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                     5. Learned counsel for the petitioner submits that

                   the petitioner is ready to donate Rs. 20,000/- in some charitable

                   organization without accepting his guilt. He further submits that
Patna High Court CR. MISC. No.37812 of 2026(2) dt.16-06-2026
                                            2/3




          the petitioner has no criminal antecedent.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the concerned Court

          below in connection with Benipatti P.S. Case No. 421 of 2025,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 20,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner, after

          being released on anticipatory bail, is directed to mark his

          attendance at Benipatti Police Station on first and third Sunday

          of each month. Any default in appearance at the police station

          will result in cancellation of bail bonds of the petitioner.
          Patna High Court CR. MISC. No.37812 of 2026(2) dt.16-06-2026
                                                      3/3




                                    10. As the petitioner claims to have clean

                    antecedent, the Court below, before accepting the bail bonds of

                    the petitioner is directed to verify the antecedent of the

                    petitioner. If the petitioner is found to be involved in any other

                    case then the bail bonds of the petitioner shall not be accepted.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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