Patna High Court
Rajeshwar Sahani @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the recovery of illicit liquor does not prima facie establish the petitioner’s possession.
Summary
The petitioner, Rajeshwar Sahani, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 130.200 litres recovered from a motorcycle. The prosecution’s case relied on the testimony of a co-accused, and the recovered liquor was not found in the petitioner’s physical possession. The petitioner argued that he had no direct connection to the motorcycle and maintained a clean antecedent. The learned Assistant Public Prosecutor opposed bail, but the court noted that the recovery did not prima facie link the petitioner to the contraband. Consequently, the court directed that the petitioner be released on bail upon furnishing a 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 Bihar Narcotic and Smuggling Act.
Issues considered
- Whether the petitioner’s arrest and continued detention are justified in the absence of physical possession of the illicit liquor.
- Whether bail should be granted under Section 438(2) of the Cr.P.C. given the facts of the case.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 40(i)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- illegal manufacturing
- possession
- Section 274 BNS
- Section 275 BNS
- Section 30(a) Bihar Prohibition and Excise Act
- Section 40(i) Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNS
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45683 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
Rajeshwar Sahani @ Guddu Kumar S/O Lakshman Sahni Resident of
Village- Raghunathpur, P.S- Raghunathpur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Raghunathpur P.S.
Case No.132/2026 registered for the offences punishable under
Sections 274 and 275 of the BNS and Sections 30 (a) and 40(i)
of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 130.200 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the motorcycle and the name of petitioner transpired in this case
on the basis of disclosure as made by apprehended co-accused. It
is further submitted that motorcycle in issue is not connected in
Patna High Court CR. MISC. No.45683 of 2026(2) dt.10-07-2026
2/2
any manner with petitioner. It is submitted that recovery was not
made from conscious physical possession of the petitioner, who is
a man of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No. 01, East Champaran,
Motihari/concerned trial court where the case is pending in
connection with Raghunathpur P.S. Case No.132/2026 subject to
the conditions as laid down under Section 438(2) of the Cr.P.C./
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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