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