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Patna High Court

Fulena SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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