Patna High Court

Vijay SahniversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner, finding that he was not the registered owner of the motorcycle at the time of the alleged offence.

Summary

Vijay Sahni applied for anticipatory bail in a case where 8.64 litres of illicit liquor were seized from a motorcycle he was driving, and he fled the scene. The prosecution alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had sold the motorcycle in 2021 and was not the registered owner, presenting the registration certificate as evidence. The court considered that the petitioner’s name appeared only on the basis of secret information and that he was not the owner at the time of the incident. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, given the alleged involvement in the seizure of illicit liquor.
Whether the petitioner’s claim of having sold the motorcycle and not being the registered owner negates liability.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
illegal liquor
Bihar Prohibition and Excise Act
motor vehicle ownership
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                               CRIMINAL MISCELLANEOUS No.7940 of 2026
                   Arising Out of PS. Case No.-246 Year-2025 Thana- Jagdishpur District- West Champaran
                 ======================================================
                 Vijay Sahni Son of Jokhu Sahni Resident of Village - Jagdishpur, Nawka
                 Tola, P.S.- Jagdishpur, District - West Champaran.

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :        Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                    ORAL ORDER

2   17-02-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Jagdishpur Police Station Case No. 246 of 2025, dated

                            05.12.2025, disclosing offences under Sections 30(a) of

                            the Bihar Prohibition and Excise Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that 8.64 litres of illicit liquor was recovered from the

                            motorcycle, which was being driven by the petitioner and

                            he succeeded in fleeing away, leaving behind his

                            motorcycle.

                       4.   Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7940 of 2026(2) dt.17-02-2026
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                   petitioner has falsely been implicated in the present case

                   without any basis inasmuch as the petitioner was the first

                   owner of the motorcycle in question. However, the same

                   was sold by him on 16.10.2021 in favour of one Shiv

                   Kumar Yadav, who is the registered owner of the

                   motorcycle in question. A copy of the registration

                   certificate has been annexed by the petitioner as

                   Annexure-2 to this application.

              5.   Having regard to the submissions made on behalf of the

                   parties and taking into consideration the fact that the

                   petitioner is not the registered owner of the motorcycle in

                   question and his name has transpired on the basis of

                   secret information, I am inclined to grant the petitioner

                   privilege of anticipatory bail.

              6. This application is, accordingly, allowed.

              7.   Let the petitioner, above named, in the event of his arrest

                   or surrender before the Court below within four weeks, be

                   released on bail on furnishing bail bond of Rs. 10,000/-

                   (Ten Thousand) each with two sureties of the like amount

                   each to the satisfaction of learned Exclusive Special

                   Excise Court No. I, West Champaran, at Bettiah, in

                   connection with Jagdishpur Police Station Case No. 246
            Patna High Court CR. MISC. No.7940 of 2026(2) dt.17-02-2026
                                                        3/3




                              of 2025, subject to the condition laid down under Section

                              482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √

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