Patna High Court
Fulena SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of prima facie evidence that the petitioner was in physical possession of the illicit liquor, bail must be granted.
Summary
The petitioner, Fulena Sahani, was named in an FIR for alleged illegal trading and manufacturing of illicit liquor under Sections 30(a), 32 and 41 of the Excise Act, with 100 litres of country-made liquor recovered. He contended that the liquor was recovered from an open field by the riverbank, accessible to the public, and not from his physical possession, and he has a clean antecedent. The State opposed his bail application. The Court observed that the recovery did not prima facie establish the petitioner's possession of the liquor and, considering his clean record, bail was appropriate. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the CrPC. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the recovery of illicit liquor establishes sufficient grounds to deny bail to the petitioner
- Whether the petitioner's alleged involvement and clean antecedent affect the grant of bail
- Application of Section 482(2) of the Criminal Procedure Code in granting bail
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Excise Act — s. 30(a), 32, 41
Subjects
- Excise Law
- Illicit Liquor
- Bail
- Criminal Procedure
- Section 482
- Clean Antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45751 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- LAKHAURA District- East Champaran
======================================================
Fulena Sahani S/o Punit Sahani Resident of Village - Bahuari, P.S.- Lakhaura,
District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
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 petitioner is named in the F.I.R. and
apprehending his arrest in connection with Lakhaura P.S.
Case No. 76 of 2026 registered for the offences punishable
under Section 30(a), 32, 41 of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 100 litres of country made liquor
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor is made
from the open field like Bamboo grass at the bank of Tilawe
river, which is accessible by general public, where nothing
Patna High Court CR. MISC. No.45751 of 2026(2) dt.10-07-2026
2/2
recovered from the conscious physical possession of the
petitioner. Petitioner claimed clean antecedent.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-
facie not appears to be made from the physical possession of
the petitioner, who is a man of clean antecedent, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Spl. Judge court no. 1, East Champaran,
Motihari /concerned Court, where the case is pending in
connection with Lakhaura P.S. Case No. 76 of 2026, subject
to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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