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Patna High Court

Bhuar Sahani @ Angad ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the seizure did not prima facie establish his possession.

Summary

The petitioner, Bhuar 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 Act, 2016, with 50 litres of liquor seized from the bank of Majhriya. The petitioner argued that the seizure was from an open public area and did not constitute his conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's disclosure. The State opposed the grant of anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie show possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond and sureties, under 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 petitioner is entitled to anticipatory bail under Section 438 of the CrPC.
  • Whether the seizure of illicit liquor establishes conscious possession of the petitioner under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • excise law
  • bail under CrPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43529 of 2026
                   Arising Out of PS. Case No.-2 Year-2026 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Bhuar Sahani @ Angad Chaudhari, S/o Late Shivlal Sahni, R/o vill -
                 Manjhariya, P.S.- Raghunathpur, Distt.- East Champaran

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026                         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 Banjariya P.S.

                   Case No.02 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 50 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

                   the bank of Majhriya. Being an open place, it is accessible to
Patna High Court CR. MISC. No.43529 of 2026(2) dt.03-07-2026
                                            2/3




          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 made by a local Chaukidar. The petitioner has six

          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 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 Judge-I,

          East Chamaparan, Motihari in connection with Banjariya P.S.
            Patna High Court CR. MISC. No.43529 of 2026(2) dt.03-07-2026
                                                        3/3




                      Case No.02 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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