Patna High Court
Mangal Sahani @ MangalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor did not prima facie establish possession by the petitioners, and consequently granted anticipatory bail.
Summary
The petitioners, Mangal Sahani and Vinay Sahani, were apprehended in connection with a case of alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, where 13.74 litres of liquor were recovered from Mangal’s house and a motorcycle near Vinay’s house. The petitioners contended that the liquor was recovered from joint family property, the motorcycle did not belong to them, no incriminating material was found in their conscious possession, and the seizure was conducted solely by police without independent witnesses. They applied for anticipatory bail, arguing that the recovery did not establish a prima facie case of possession. The Additional Public Prosecutor opposed the bail. The court held that the recovery of liquor did not prima facie demonstrate possession by the petitioners and therefore granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act.
Issues considered
- Whether the recovery of illicit liquor constitutes prima facie evidence of possession sufficient to deny anticipatory bail.
- Whether anticipatory bail under Section 438(2) of the CrPC can be granted in a case involving alleged violation of the Bihar Prohibition and Excise (Amendment) Act.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- possession
- seizure
- Criminal Procedure Code
- BNSS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44770 of 2026
Arising Out of PS. Case No.-194 Year-2026 Thana- PAHARPUR District- East Champaran
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1. Mangal Sahani @ Mangal S/o of Late Thag Sahani Resident Of Village -
Noneya Dhab Tola, P.S. - Paharpur, Dist.- East Champaran.
2. Vinay Sahani @ Vinay Kumar S/o Kailash Sahani @ Kailash Sahani
Resident Of Village - Noneya Dhab Tola, P.S. - Paharpur, Dist.- East
Champaran.
... ... Petitioners
Versus
1. The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate
For the Opposite Party : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are apprehending their
arrest in connection with Paharpur P.S. Case No.194 of
2026 registered under Section 30(a) of Bihar Prohibition and
Excise (amendment) Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 13.74 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioners that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.44770 of 2026(2) dt.07-07-2026
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made from the house of petitioner no.1, namely, Mangal
Sahani and also from the motorcycle which was parked near
the house of petitioner no.2, namely, Vinay Sahani. It is also
submitted that name of these petitioners arrayed solely on
the disclosure made by the local chowkidar. It is further
submitted that the recovery of illicit liquor was made from
the said house is a joint family property which is not in the
exclusive possession of petitioner no. 1 and also the alleged
bike which was involved in carrying liquor does not belong
to petitioner no. 2 It is further pointed out that nothing
incriminating material has been recovered from conscious
possession of these petitioners. It is argued that no
independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. Petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of these
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petitioners, accordingly, both petitioners, above-named, in
the event of their arrest or surrender in the court below
within a period of four weeks from today, are directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge,
Excise Court No.- 1, East Champaran, Motihari in connection
with Paharpur P.S. Case No.194 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.)
Aniket/-
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