Patna High Court
Bhuar Sahani @ Angad ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and ... (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure (CrPC) — s. 438(2)
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
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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
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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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