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Patna High Court

Suresh Sahani @ Suresh SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, as the recovery of illicit liquor was not made from the petitioner's physical possession, anticipatory bail was warranted.

Summary

The petitioner, Suresh Sahani, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 17 litres of liquor recovered. He contended that his name was listed solely based on a chowkidar’s disclosure, that he was not caught in possession, and that the seizure was conducted only by police without independent witnesses. The Additional Public Prosecutor opposed anticipatory bail, citing the petitioner’s prior similar cases. The court examined whether the recovery was made from the petitioner’s physical possession and considered the lack of independent witnesses. Concluding that the recovery was not prima facie from the petitioner’s possession, the court directed that he be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Issues considered

  • Whether anticipatory bail should be granted when the alleged seizure of illicit liquor is not made from the petitioner's physical possession.
  • Whether the reliance solely on a chowkidar’s disclosure suffices to justify arrest and denial of bail.
  • Whether the petitioner’s prior criminal antecedents in similar cases preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition law
  • Section 30(a)
  • police seizure
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40830 of 2026
                 Arising Out of PS. Case No.-139 Year-2026 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Suresh Sahani @ Suresh Sahni S/o Muni Sahani @ Munnilal Sahani @
                 Munni Sahani R/o Vill- Siswa Kharar, P.S- Kalyanpur, District- East
                 Champaran

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Rathore Alias Kundan Kumar, Adv.
                 For the Opposite Party/s :      Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026                      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 Kalayanpur P.S.

                   Case No.139 of 2026 registered under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 17 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner was arrayed solely

                   on the disclosure made by the chowkidar on account of his
Patna High Court CR. MISC. No.40830 of 2026(2) dt.24-06-2026
                                            2/3




          alleged criminal antecedents of a similar nature. It is

          submitted that petitioner was not apprehended from the

          spot. It is also submitted that the recovery of illicit liquor

          was not made from conscious possession of the petitioner. It

          is further argued that no independent witness was associated

          with the search and seizure list and the seizure witnesses

          were police personnel themselves. Explaining criminal

          antecedent, it is submitted that the petitioner found involved

          in three more criminal cases of similar nature, 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 the fact as recovery of illicit liquor prima facie

          not appears to be made from 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
               Patna High Court CR. MISC. No.40830 of 2026(2) dt.24-06-2026
                                                           3/3




                         satisfaction of the learned Court of Exclusive Special Excise

                         Court No. 3 I/C, East Champaran, Motihari, in connection

                         with Kalayanpur P.S. Case No.139 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/-

U          T


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