Patna High Court
Mintu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, holding that the seizure did not prima facie establish his possession of the illicit liquor.
Summary
The petitioner, Mintu 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 200 litres seized. He contended that the liquor was recovered from a public open area (bathi) that did not belong to him and that the seizure list lacked independent witness support, arguing no conscious possession. The Additional Public Prosecutor opposed his anticipatory bail, citing a prior similar case where the petitioner was on bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor alleged to be connected to him under the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor from a public area without independent witness testimony establishes possession sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482(2) BNSS
- seizure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45615 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Mintu Sahani S/o Jilai sahani Resident of Village - Semuaapur, P.S.-
Dumariyaghat, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Adv.
For the Opposite Party : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 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 Dumariyaghat
P.S. Case No.65 of 2026 registered under Section 30(a) of
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 200 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
from bathi which is an open place accessible to general
Patna High Court CR. MISC. No.45615 of 2026(2) dt.10-07-2026
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public and also the bhati does not belong to this petitioner. It
is also submitted name of petitioner arrayed solely on the
disclosure made by the local chowkidar. It is further
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is pointed out that
the seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in one criminal case of similar
nature, where 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 the 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
Patna High Court CR. MISC. No.45615 of 2026(2) dt.10-07-2026
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satisfaction of the learned Exclusive Special Excise Court
No.- 3 Civil Court, East Champaran at Motihari, in
connection with Dumariyaghat P.S. Case No.65 of 2026,
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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