Patna High Court
Awadhesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie evidence of his conscious possession and noting non‑compliance with statutory search requirements.
Summary
The petitioner, Awadhesh 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, with 57 litres of liquor seized from a joint family house. The petitioner contended that the liquor was not in his conscious or exclusive possession and that the search violated Section 103(4) of the Act because no independent witness was present. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the lack of material linking the petitioner directly to the seized liquor and noted procedural deficiencies in the seizure. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender, subject to a bail bond and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor.
- Whether the seizure complied with Section 103(4) of the Bihar Prohibition and Excise Amendment Act requiring an independent witness.
- Whether the seized liquor establishes conscious possession of the petitioner.
Legislation cited
- Bihar Prohibition and Excise Amendment Act (BNSS) — s. 103(4), 30(a), 482(2)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- seizure
- possession
- BNSS
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42860 of 2026
Arising Out of PS. Case No.-233 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Awadhesh Sahani, S/o Janakdev Sahani, R/o vill- Ward No 12, Uttari
Chhapara, Bahas, Ps- Sugauli, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, 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 Sugauli P.S. Case
No.233 of 2026 registered under Sections 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 57 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized liquor was recovered from the
house, which is a joint family property. It is further
Patna High Court CR. MISC. No.42860 of 2026(2) dt.01-07-2026
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submitted that no recovery has been effected from the
conscious and exclusive possession of the petitioner, and
there is no material on record to establish his conscious
possession of the alleged illicit liquor. It is argued that
Section 103(4) of BNSS has not been complied with qua
search of premises, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. The petitioner
has five criminal antecedent of similar nature, 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.42860 of 2026(2) dt.01-07-2026
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satisfaction of the learned Exclusive Special Judge-I, East
Champaran, Motihari in connection with Sugauli P.S. Case
No.233 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/-
U T
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