Patna High Court
Vikrama SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, holding that the seizure did not establish conscious possession.
Summary
Vikrama Sahani was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 56 litres seized from an open area. The petitioner argued that the liquor was not in his conscious physical possession and that the seizure was made from a public place, seeking anticipatory bail. The Additional Public Prosecutor opposed the bail. The court examined the facts and noted the lack of direct possession, and consequently directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita. The bail was conditioned on compliance with the Excise Court's requirements. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted when the seized illicit liquor is not in the accused's conscious physical possession.
- Whether the facts disclosed justify the issuance of a bail order under Section 438 CrPC and Section 482 BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bharatiya Nyaya Sanhita
- CrPC
- excise law
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40131 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Vikrama Sahani s/o Late Raghunath Sahani Resident of village- Banparua,
PS- Kesaria, Distt-East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kesariya P.S.
Case No.42 of 2026 registered under Sections 274, 275 of
Bharatiya Nyaya Sanhita and 30(a) of the Bihar Prohibition
and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 56 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner transpired on the
Patna High Court CR. MISC. No.40131 of 2026(2) dt.23-06-2026
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basis of disclosure made by chowkidar of the village. It is
submitted that the recovery of illicit liquor was made from
Chawar, which is an open place accessible by general public
and for the same the seizure list was prepared. It is
submitted that admittedly the recovery of illicit liquor was
not made from conscious physical possession of the
petitioner. Explaining criminal antecedent, it is submitted
that the petitioner found involved in three more criminal
cases, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from conscious physical possession of
this petitioner, accordingly, the petitioner, above-named, in
the event of his arrest or surrender in the court below within
a period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special, Excise Court
Patna High Court CR. MISC. No.40131 of 2026(2) dt.23-06-2026
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No- 3, Civil Court, East Champaran at Motihari, in
connection with Kesariya P.S. Case No.42 of 2026, subject
to the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
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