Patna High Court
Lal SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act (BNSS) — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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.
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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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