Patna High Court
Gangesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioners are entitled to anticipatory bail as the seizure does not prima facie establish their possession of the illicit liquor.
Summary
The petitioners, Gangesh Sahni and Suraj Kumar, were named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 30 litres recovered. They argued that the liquor was seized from an open pit accessible to the public, not from their conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's statement. The Additional Public Prosecutor opposed their anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie demonstrate possession by the petitioners. Consequently, the court directed that, upon arrest or surrender within four weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the seizure of illicit liquor.
- Whether the seizure of liquor from an open pit establishes possession by the petitioners.
Legislation cited
- Bihar Negotiable Instruments (or relevant) Special Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44880 of 2026
Arising Out of PS. Case No.-130 Year-2026 Thana- WARISNAGAR District- Samastipur
======================================================
1. Gangesh Sahni, Son of Ramchandra Sahni
2. Suraj Kumar, Son of Vijay Chaudhari @ Vijay Sahni
Both are resident of Village- Manopur Ward No. 11, P.S.- Warisnagar,
District- Samastipur.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
: Mrs. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Warisnagar
P.S. Case No.130 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioners are to engage
in illegal trade/manufacturing of illicit liquor, where there is
recovery of 30 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioners that the seized illicit liquor was recovered
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from the pit which is an open place accessible to the general
public and, therefore, it cannot be said that the alleged
recovery was made from the conscious possession of the
petitioners. 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 petitioners surfaced solely on the
disclosure made by a local Chaukidar. The petitioner no.1
has three criminal antecedent of similar nature, in which, he
is on bail, whereas the petitioner no.2 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 fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of these
petitioners, accordingly, the petitioners above-named, in the
event of their 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
Patna High Court CR. MISC. No.44880 of 2026(2) dt.08-07-2026
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Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Special Judge Excise-II,
Samastipur in connection with Warisnagar P.S. Case No.130
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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