Patna High Court
Shivji Sahani @ Shivji KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the mere recovery of illicit liquor from an open area does not establish possession by the petitioner, warranting the grant of anticipatory bail.
Summary
The petitioner, Shivji 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, with 100 litres of liquor seized. He contended that the liquor was recovered from open bushes near a riverbank, not from his conscious possession, and that the seizure list lacked independent witnesses, making the allegation based solely on suspicion. The Additional Public Prosecutor opposed his request for anticipatory bail. The court observed that the recovery did not prima facie establish possession by the petitioner and therefore granted anticipatory bail, directing release upon arrest or surrender within four weeks upon furnishing a bail bond of Rs.10,000 with two sureties. The bail was conditioned under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the seizure of illicit liquor from an open place constitutes possession of the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether anticipatory bail can be granted under Section 438 of the CrPC in the present circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 30(a)
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44671 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
Shivji Sahani @ Shivji Kumar, Son of Ram Babu Sahni, Resident of Village-
Chailahan, Ward No.-04, P.S.- Banjaria, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 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 Raghunathpur
P.S. Case No.89 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 100 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
bushes near the river bank. Being an open place, it is
Patna High Court CR. MISC. No.44671 of 2026(2) dt.06-07-2026
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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 basis of suspicion. 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 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 Special Judge Excise, East
Champaran at Motihari in connection with Raghunathpur P.S.
Patna High Court CR. MISC. No.44671 of 2026(2) dt.06-07-2026
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Case No.89 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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