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Patna High Court

Sujeet Sahni @ Sujeet Kumar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the seizure did not prima facie constitute conscious physical possession and procedural requirements were not satisfied.

Summary

The petitioner, Sujeet Sahni, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 16.875 liters recovered from an abandoned hut. The petitioner argued that the seizure was made in a public open place, without independent witnesses, and that Section 103(4) of the BNSS was not complied with, contending that the liquor was not in his conscious physical possession. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession, and procedural lapses were highlighted. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks to the appropriate lower court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged seizure.
  • Whether the seizure of the alleged illicit liquor complied with the procedural requirements of Section 103(4) of the BNSS.
  • Whether the alleged liquor was in the conscious physical possession of the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • seizure
  • possession
  • Bihar Prohibition and Excise Act
  • CrPC
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.40170 of 2026
                       Arising Out of PS. Case No.-115 Year-2026 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Sujeet Sahni @ Sujeet Kumar Sahni Son of Madan Sahni Resident of Village
                 - Chaknaseer, Ward No. 10, Nasir Chak, P.S.- Patepur, District - Vaishali.

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner      :         Mr.Sunil Kumar Singh, Advocate
                 For the Opposite Party/ :         Mr.Ajay Kumar Jha, 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 Patepur P.S. Case

                   No.115 of 2026 registered under Sections 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 16.875 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the recovery of alleged illicit liquor was

                   made from an abandoned hut which is an open place and
Patna High Court CR. MISC. No.40170 of 2026(2) dt.23-06-2026
                                            2/3




          accessible by general public. It is also submitted that there

          was no independent seizure list witnesses. Compliance of

          Section 103(4) of the BNSS also not appears followed. It is

          also submitted that the recovery of illicit liquor was not made

          from conscious physical possession of the petitioner.

          Petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the 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 Judge, Excise Court No. II-cum- District and

          Additional Session Judge, Vaishali at Hajipur, in connection

          with Patepur P.S. Case No.115 of 2026, subject to the
               Patna High Court CR. MISC. No.40170 of 2026(2) dt.23-06-2026
                                                           3/3




                         conditions as laid down under Section 438(2) of the

                         CrPC/under Section 482(2) of the BNSS.



                                               (Chandra Shekhar Jha, J)
aniket/-

U          T


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