Patna High Court
Chandan Sahni @ Chandan SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court allowed anticipatory bail to the petitioner, subject to bond and surety conditions, exercising its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioner, Chandan Sahni, was named in FIR No.441 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 involving the recovery of 17 litres of illicit country-made liquor. He contended that he was not present at the open place of recovery, that the seizure list was not prepared as required, and that he was falsely implicated despite a prior criminal antecedent. The State opposed anticipatory bail, arguing that a named accused in the FIR cannot escape liability. The Court examined the material, noting the petitioner’s absence from the scene and the lack of a proper seizure list, and exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 and two sureties of equal amount, to be surrendered within six weeks if arrested, and the application was allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named as an accused in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s alleged non‑presence at the place of recovery and the alleged procedural lapses in the seizure justify granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- High Court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8815 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
Chandan Sahni @ Chandan Sahani Son of Raghunath Sahani R/O- Mahni,
Ward No. 3, P.S.- Nanpur, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Indu Kumari Srivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Nanpur P.S. Case No. 441 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, 17 litre illicit country
made chulai liquor was recovered from plastic bags recovered at
the place of occurrence. Local chaukidar and local people
disclosed the name of the petitioner and others who fled away
from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
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further submits that place of recovery is an open place which is
accessible to all and petitioner cannot be held liable for the
alleged recovery. Petitioner is not in any way connected with
the alleged recovery. Petitioner was not found at the place of
occurrence. Seizure list has not been made as per law. In the
light of the aforesaid facts and circumstances of the case, no
case is made out against the petitioner under the provisions of
Bihar Prohibition and Excise Act. Petitioner bears criminal
antecedent of one case. He further submits that just because of
having criminal antecedent, petitioner has falsely been
implicated in the present case.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused and hence, petitioner cannot
escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
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10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge,
Exclusive Excise Court No. 2, Sitamarhi in connection with
Nanpur P.S. Case No. 441 of 2025, subject to the conditions as
laid down under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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