Patna High Court
Sujeet Sahni @ Sujeet Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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