Patna High Court
Brijesh Sahani @ Brijesh Kumar Sahani @ Brijesh kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure was not shown to be in the petitioner's conscious possession and he had a clean antecedent.
Summary
The petitioner, Brijesh Sahani, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in the illegal manufacture and trade of liquor, with 138.66 litres of illicit liquor seized near a river bank. The petitioner contended that the seizure was made in a public open area, that he was not present at the spot, and that the liquor was not in his conscious possession; he also challenged the reliability of the seizure list, which relied solely on police testimony. 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 physical possession and that he had a clean antecedent. Relying on these observations, the Court directed that the petitioner be released on anticipatory bail upon surrendering within four weeks, furnishing a bail bond of Rs.10,000 with two sureties, and complying with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order thus granted bail subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged seizure of illicit liquor.
- Whether the seizure of liquor can be said to be in the conscious possession of the petitioner.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- possession
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42175 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- MANJHI District- Saran
======================================================
Brijesh Sahani @ Brijesh Kumar Sahani @ Brijesh kumar S/o Prabhunath
Sahani R/o Village - Phulwariya (Chhotki), P.S. - Manjhi, District - Saran at
Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar, Advocate
For the Opposite Party : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Manjhi P.S. Case
No.57 of 2026 registered under Section 30(a) of 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 138.66 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed due to
disclosure made by mahal chowkidar. It is also submitted
Patna High Court CR. MISC. No.42175 of 2026(2) dt.01-07-2026
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that recovery of illicit liquor was made near a river bank
which is an open place accessible by general public. It is
further argued that petitioner was not present at the spot
when alleged liquor was seized. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. It is also submitted that the
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel.
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
Patna High Court CR. MISC. No.42175 of 2026(2) dt.01-07-2026
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learned Court of 2nd Exclusive Special Excise Judge, Saran at
Chapra, in connection with Manjhi P.S. Case No.57 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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