Patna High Court
Kheli Sahani @ Khelee SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
2/2
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.