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Patna High Court

Kheli Sahani @ Khelee SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Kheli Sahani, was apprehended in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 50 litres of country-made liquor were recovered from an open place. The prosecution’s case relied on the petitioner’s name appearing in the confessional statements of the arrested accused, but no incriminating material was found in his possession and he claimed a clean antecedent. The petitioner applied for anticipatory bail, arguing that the evidence against him was insufficient. The court examined the lack of direct material, the reliance on confessional statements, and the petitioner’s clean record, and concluded that anticipatory bail was appropriate. Consequently, the court 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

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • excise
  • confessional statement
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39647 of 2026
                      Arising Out of PS. Case No.-633 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
           1.     Kheli Sahani @ Khelee Sahni S/O Saryug Sahani Resident of village-
                  Purainiya, P.S- Lalganj, District- Vaishali.
           2.    Bipin Kumar @ Vipin Kumar S/O Kheli Sahani @ Khelee Sahni Resident of
                 village- Purainiya, P.S- Lalganj, District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                        Heard learned counsel for the petitioner and the

                   State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 50 litres of country made

                   liquor was recovered from an open place.

                                 4. Learned counsel for the petitioner submits that the

                   name of the petitioner transpired in confessional statement of

                   apprehended accused persons. No incriminating material has

                   been recovered from conscious possession of the petitioner.

                   Petitioner claims clean antecedent.
          Patna High Court CR. MISC. No.39647 of 2026(2) dt.24-06-2026
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                                 5. Learned A.P.P. for the State opposed the bail

                    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                   Exclusive special Judge

                    Excise Court-I, Cum District & Addl. Sessions Judge, Vaishali

                    at Hajipur, in connection with Lalganj P. S. Case No. 633 of

                    2025 , subject to condition as laid down under Section 482(2)

                    of the Bharatiya Nagarik Suraksha Sanhita .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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