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Patna High Court

Vijay SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, as the alleged liquor was not recovered from his physical possession.

Summary

The petitioner, Vijay Sahni, was named in an FIR for allegedly possessing 70.650 litres of illicit liquor and violating Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated and that no liquor was recovered from his physical possession. The State opposed his request for anticipatory bail. The court noted that the recovery of liquor did not appear to be from the petitioner's possession and, considering the factual submissions, ordered that he be released on anticipatory bail if arrested within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs compliance with the Exclusive Special Excise Court‑II, Muzaffarpur. The petitioner's counsel was Hans Lal Kumar and the State's counsel was Rajesh Kumar.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita despite the allegations under the Bihar Prohibition and Excise Act.
  • Whether the alleged recovery of illicit liquor can be said to be in the petitioner's physical possession.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • false implication
  • bail bond
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44827 of 2026
                    Arising Out of PS. Case No.-103 Year-2026 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Vijay Sahni S/o Prabhu Sahni R/O Village - Ratnauli, Ward No.4, P.S. -
                 Maniyari, Dist. - Muzaffarpur.
                                                                           ... ... Petitioner
                                                Versus
                 The State of Bihar Patna
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hans Lal Kumar, Advocate
                 For the Opposite Party/s :       Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Maniyari P.S. Case

                   No. 103 of 2026 registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to have in

                   possession of 70.650 litres of illicit liquor                and engaged in

                   illegal trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner has been falsely implicated in this case

                   and nothing incriminating has been recovered from conscious

                   physical possession of this petitioner. While concluding

                   argument, it is submitted that petitioner found involved in one

                   more criminal case, in which he is on bail.
           Patna High Court CR. MISC. No.44827 of 2026(2) dt.07-07-2026
                                                       2/2




                              5. Learned A.P.P. for the State has opposed the prayer for

                     anticipatory bail of the petitioner.

                              6. In view of the 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 this

                     petitioner, accordingly, above-named petitioner, in the event of

                     his arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned Exclusive Special

                     Excise Court-II, Muzaffarpur/concerned court in connection

                     with Maniyari P.S. Case No. 103 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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