Patna High Court
Kripa Sahani @ Kripa Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner subject to bond and conditions.
Summary
Kripa Sahani, a 19‑year‑old, applied for pre‑arrest bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly transporting 55.8 litres of illicit liquor in a motorcycle registered in his name. He contended that he was not present at the time of seizure and had no knowledge of the liquor being on his vehicle, asserting innocence. The State argued that material evidence linked him to the illicit trade. The Court, noting the petitioner’s youth and the lack of direct evidence of his participation, granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedents, invoking Section 482(2) of the BNSS. The order also directed the court to inform the Chief Secretary to ensure the petitioner’s rehabilitation under Article 47 of the Constitution.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under the Bihar Prohibition and Excise Act, 2016 despite the alleged seizure of illicit liquor from his vehicle.
- Whether the petitioner’s claim of non‑presence and lack of knowledge negates the State’s evidence of complicity.
- Whether conditions under Section 482(2) of the BNSS may be imposed on the bail order.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- minor offender
- Article 47
- constitutional duty
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8196 of 2026
Arising Out of PS. Case No.-25 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
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Kripa Sahani @ Kripa Kumar Sahani, aged about 19 years, Male, Son of
Jalandhar Sahani Resident of Vill.- Salepur, Malahi Tola, P.S.-
Bishambharpur, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shrishti Rani, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Ms. Shrishti Rani, learned counsel appearing
on behalf of the petitioner and Ms. Pushpa Sinha, learned APP
for the State.
2. The petitioner who is aged about 19 years, is
seeking pre-arrest bail in connection with Vishambharpur P.S.
Case No. 25/2025 registered for the offence(s) punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 55.800
litres of illicit liquor was recovered from a motorcycle bearing
Registration No.BR29R2228. Engine No.JA12ABEGE03641
Chassis No.MBUA12ACCG03111.
4. Before I proceed to pass order on merits, I find it
necessary to record that today altogether 53 cases are listed
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before me, seeking pre-arrest bail for the alleged commission of
the offence under Bihar Prohibition and Excise Act, 2016 as
amended uptodate (hereinafter referred to as “Excise Act,
2016”) which draws attention of this Court that the State
Government has not been able to deal with the increasing illicit
trade of liquor leading to increase in number of cases in the
lower court and this Court. I may not hesitate quoting the
observation of the Apex Court in the case of Sudhir Kumar
Yadav Vs. State of Bihar (S.L.P. (Criminal) Diary No(s).
2482/2022), wherein the Hon’ble Supreme Court vide order
dated 23.02.2022 has shown its concern about number of
cases/bail application arising out of Excise Act, 2016 by
observing in paragraphs no.2 and 3, inter alia, as under:
“2. We find a number of cases coming to this
Court arising from proceedings initiated under the Bihar
Prohibition and Excise Amendment Act, 2018. The trial
Court and the High Court are both being crowded by bail
applications to an extent that at some stage 16 judges of the
High Court are listening to bail matters and prosecutions
under the Act concerned forms a large part of it. Denial of
bail would also result in crowding of the prisons.
3. We would like to inquire as to what steps the State of
Bihar is taking, having brought the law into force and what
analysis took place before the law was brought into force in
terms of the Court infrastructure required and the
manpower required to deal with the litigation which would
arise from such a statute. We would also like to know
whether the plea bargaining provisions can be taken
recourse to deal with the scenario as it is emerging.”
5. The prohibition has pushed the consumption of
hooch and drugs not only leading to thriving of parallel
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economy of illicit liquor, but also the problem relating to
alcoholism. It is recorded that majority of the citizens between
the age group of 18 to 35 years are addicted to liquor. This age
group is the most productive age group and it has led in terms
of human potential loss due to ill effect of liquor on their
physical, psychological, moral and their intellectual growth.
Perhaps, the State has not taken any preventive measures to
combat menace of such abuse.
6. This Court has found the recent trend of
smuggling illicit liquor by having minors or those like petitioner
who has just emerged as an adult, aged about 19 years. The
consumers of illicit liquor laced with methyl alcohol preparing it
by adding Urea (fertilizer) or dangerous drugs have lost their
life in lacs in the State. Scientifically it establishes effect of even
5 mililitres of Methyl alcohol is enough to make blind and more
than 10 mililitres is often fatal, while the other side effects of
Methanol includes Acidosis, a condition in which body tends to
produce lot of acid leading to kidney failure in absence of rise in
urea content in the body.
7. This Court finds that the lives of citizens of the
State is risked by the failure of the State machinery effectively
carrying on the provision of the Bihar Prohibition and Excise
Act, 2016.
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8. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that during investigation, petitioner has been made
accused being the owner of the said motorcycle. Admittedly, at
the time of the alleged seizure and recovery of illicit liquor,
petitioner was not present and the said motorcycle was being
driven by co-accused and petitioner had no idea that illicit
liquor was being carried on his motorcycle without his consent.
Petitioner has no concern with the seized liquor.
9. Learned APP for the State vehemently opposing
the bail application submitted that there are materials against the
petitioner, as such, his complicity in the illicit trade of liquor
cannot be denied.
10. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, petitioner who is aged about 19 years, who has
just emerged as an adult is facing prosecution for his
involvement in the trade of illicit liquor on the basis of
allegation that 55.800 litres of illicit liquor was recovered from
motorcycle bearing Registration No.BR29R2228. Engine
No.JA12ABEGE03641 Chassis No.MBUA12ACCG03111
registered in his name. He has denied his complicity in the
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alleged offence on the ground that he was not present at the time
of seizure.
11. Prima facie, it appears that as per the seizure list,
the motorcycle was allegedly left near Matihania bridge which
is an open space and the petitioner allegedly managed to flee
away from the spot and the name of the petitioner transpired
on the basis of the statement of the chaukidar, as per the
allegation made in the FIR.
12. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Vishambharpur P.S. Case No. 25 of
2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
13. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
14. Before parting with the order, I find that this
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Court must not abdicate from its constitutional duty to advise
the Chief Secretary to take proper care of the petitioner and his
rehabilitation, having failed to carry the mandate of Article 47
of the Constitution of India in its true spirit, particularly in
those case where juvenile or those who are aged between 18 to
35 years are indulged into offences relating to Excise Act, 2016.
15. Let a copy of this order be communicated to the
Chief Secretary, Government of Bihar.
(Purnendu Singh, J)
Sanjay/-
U T
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