Patna High Court
Vijay SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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