Patna High Court
Sanjay Sahani @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
Four brothers were arrested in connection with a case of alleged possession and illegal trade of 750 ml of foreign liquor, charged under Sections 274 and 275 of the Bhartiya Nyay Sanhita, 2023 and Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act. The petitioners applied for anticipatory bail, contending that the liquor was not in their conscious physical possession and that the search of their premises did not comply with Section 100(4) of the Criminal Procedure Code. They also argued that the seizure list was not corroborated by independent witnesses. The State opposed the bail, citing the petitioners' criminal antecedents and other similar cases pending against them. The Court, after considering the submissions, held that the recovery of the illicit liquor was not prima facie linked to the petitioners' possession and therefore granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Sections 438(2) CrPC and 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations of possession of illicit liquor
- Whether the search and seizure conducted under Section 100(4) CrPC was valid
- Whether the seizure list lacking independent witness support defeats the prosecution's case
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 100(4), 438(2)
Subjects
- anticipatory bail
- illicit liquor
- illegal manufacturing
- search and seizure
- CrPC Section 100(4)
- Section 438 CrPC
- Section 482 B.N.S.S.
- Sections 274, 275 B.N.S.
- Sections 30(a), 45 Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76105 of 2024
Arising Out of PS. Case No.-157 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
1. Sanjay Sahani @ Sanjay Kumar Son of Shambhu Sahani R/O-Village-
Jhakiya, PS- Banjariya, Distt.- East champaran
2. Ajay Sahani @ Ajay Kumar Son of Shambhu Sahani R/O-Village- Jhakiya,
PS- Banjariya, Distt.- East champaran
3. Akshay Sahani @ Akshay Kumar Son of Shambhu Sahani R/O-Village-
Jhakiya, PS- Banjariya, Distt.- East champaran
4. Golu Sahani @ Golu Kumar Son of Shbmahu Sahani R/O-Village- Jhakiya,
PS- Banjariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 04-02-2026 Defects, as pointed out by office, be ignored for the
present.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Banjariya P.S.
Case No. 157 of 2024 registered for the offences punishable
under Sections 274 and 275 of the Bhartiya Nyay Sanhita,
2023 (in short, the ‘B.N.S.’) and section 30(a) and 45 of the
Patna High Court CR. MISC. No.76105 of 2024(2) dt.04-02-2026
2/3
Bihar Prohibition and Excise (Amendment) Act.
4. The allegation against the petitioners is to have in
possession of 750 ml. of foreign liquor and engaged in illegal
trading/manufacturing of illicit liquor.
5. Learned counsel appearing on behalf of the
petitioners submitted that admittedly illicit liquor not appears
to be made from physical possession of these petitioners. It is
submitted that search of the premises in view of section
100(4) of the Cr.P.C. not appears followed in the present
case. It is pointed out that seizure list appears disputed for
the reason that same is not appearing supported by
independent witnesses rather by police personal.
6. While explaining criminal antecedent of the
petitioners, it is submitted that petitioners found involved in
two more case of similar nature, in which they are on bail.
7. Learned A.P.P. for the State has opposed the
prayer for anticipatory bail of the petitioners.
8. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from conscious physical possession of
Patna High Court CR. MISC. No.76105 of 2024(2) dt.04-02-2026
3/3
petitioners, accordingly, above-named four petitioners, in the
event of their arrest/surrender within a period of four weeks
from this order, are directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
each with two sureties of the like amount each to the
satisfaction of learned Special Judge, Excise Court No. 1, East
Champaran, Motihari/concerned court in connection with
Banjariya P.S. Case No. 157 of 2024, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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