Patna High Court
Suresh Sahani @ Suresh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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/-
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