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Patna High Court

Baiju SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail, directing release on bail bond with sureties, as the seizure did not prima facie establish the petitioner's possession.

Summary

The petitioner, Baiju 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 32.5 litres of liquor seized. He contended that the liquor was recovered from a public riverbank, not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on a co-accused’s statement. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie show the petitioner's possession. 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.

Issues considered

  • Whether anticipatory bail is warranted when the seized illicit liquor is not shown to be in the petitioner's conscious possession.
  • Whether the co-accused’s disclosure statement alone suffices to implicate the petitioner.
  • Whether the conditions prescribed under Section 438 CrPC and Section 482(2) BNSS are satisfied for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • CrPC Section 438
  • BNSS Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42819 of 2026
                  Arising Out of PS. Case No.-1222 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Baiju Sahani, S/o Late Badri Sahni, Resident of Village- Ram Sabha Goshala/
                 Ranighat, P.S- Sahayak, District- Katihar.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, 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 Katihar Town

                   (Sahayak) P.S. Case No.1222 of 2025 registered under

                   Section      30(a)         of   the   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 32.5 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.42819 of 2026(2) dt.01-07-2026
                                            2/3




          Kari Koshi River Bandh from Masan Ghat, which is an open

          place accessible to the general public and, therefore, it

          cannot be said that the alleged recovery was made from the

          conscious possession of the petitioner. It is further submitted

          that seizure list also appears doubtful being not supported by

          independent witnesses rather than by police personnel. It is

          also pointed out that the name of the petitioner surfaced

          solely on the disclosure statement made by co-accused,

          namely, Sandeep Kumar@Golu. The petitioner has one

          criminal antecedent, in which, 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 of note of 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.42819 of 2026(2) dt.01-07-2026
                                                        3/3




                      satisfaction of the learned District & Additional Sessions

                      Judge,        Exclusive Special Excise, Court-II, Katihar in

                      connection with Katihar Town (Sahayak) P.S. Case No.1222

                      of 2025, 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.)
    Raushan/-

U       T


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