Patna High Court
Laxmi SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the allegations did not prima facie establish his possession of the seized liquor and he has a clean antecedent.
Summary
The petitioner, Laxmi 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, 2018, based solely on local residents' disclosures. He contended that he was not present at the site of the seizure of 90 litres of liquor and had no connection to the contraband, asserting that the accusation was politically motivated and that he has a clean antecedent. The State opposed his application for anticipatory bail. The court examined the prima facie lack of physical possession by the petitioner and his clean record, and consequently directed that he be released on bail upon surrender within four weeks, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in the context of alleged illicit liquor trade
- Whether the petitioner’s alleged involvement, based solely on local disclosures, establishes sufficient grounds for denial of bail
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41936 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- Excise P.S. District- Sheohar
======================================================
Laxmi Sahni S/o Late Beni Sahni R/V - Belwa, Ward No. 06, P/S - Piprahi,
Dist. - Sheohar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 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 Sheohar Excise
P.S. Case No.109 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 90 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the disclosure made by the local people. It is also submitted
Patna High Court CR. MISC. No.41936 of 2026(2) dt.30-06-2026
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that petitioner was neither present at the spot where alleged
recovery of liquor was made nor the petitioner is in any way
connected with the seized liquor. It is also submitted that the
name of petitioner implicated in the present case due to
local politics. It is also submitted that illicit liquor was not
made from conscious possession of this 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 physical possession of this
petitioner, who is a man of clean antecedent, 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, Sheohar, in
connection with Sheohar Excise P.S. Case No.109 of 2026,
Patna High Court CR. MISC. No.41936 of 2026(2) dt.30-06-2026
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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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