Patna High Court
Jokhan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the seizure did not prima facie demonstrate the petitioner's conscious possession, and therefore anticipatory bail was warranted.
Summary
Jokhan 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 (Amendment) Act, 2022, with 131.4 litres seized behind his house. The petitioner contended that the liquor was stored in an open area accessible to the public and that the seizure did not establish his conscious possession, further arguing that the seizure list lacked independent witnesses and relied solely on a local watchman's statement. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and held that the recovery was not prima facie from 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 surrender within four weeks and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the seizure of illicit liquor establishes conscious possession of the petitioner sufficient to deny anticipatory bail.
- Whether anticipatory bail should be granted under Section 438(2) of the CrPC in the present facts.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- conscious possession
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42830 of 2026
Arising Out of PS. Case No.-671 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Jokhan Sahni, S/o Late Badri Sahni, Resident of Village- Muradpur Kashi,
Sanathi, P.S.- Garhan, Dist- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Jha, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, 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 Ahiyapur P.S.
Case No.671 of 2026 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 131.4 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered
behind the house, which is an open place accessible to the
Patna High Court CR. MISC. No.42830 of 2026(2) dt.01-07-2026
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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 made a local Chaukidar. The petitioner has three
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
satisfaction of the learned Exclusive Special Excise Court-I,
Muzaffarpur in connection with Ahiyapur P.S. Case No.671
Patna High Court CR. MISC. No.42830 of 2026(2) dt.01-07-2026
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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.)
Raushan/-
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