Patna High Court
Raj Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as the seizure did not prima facie show conscious possession.
Summary
The petitioner, Raj Kumar Sahni, was named in an FIR for alleged possession of 105 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He applied for anticipatory bail, arguing that the liquor was recovered from an open area and not from his conscious physical possession, and that the seizure list lacked independent witnesses. The State opposed the bail, contending the seriousness of the offence. The court examined the factual submissions and noted that the recovery did not prima facie establish conscious possession by the petitioner. Consequently, the court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and to surrender within four weeks, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 B.N.S.S. in view of the alleged possession of illicit liquor.
- Whether the facts of the seizure establish conscious physical possession by the petitioner.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- conscious possession
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9648 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- AMNAUR District- Saran
======================================================
Raj Kumar Sahni, S/o Nagina Sahni, R/o Village-Hasanpura (Murahiya), P.S-
Maker, District- Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The accused-petitioner is named in the F.I.R. and
apprehending his arrest in connection with Amnour P.S. Case
No.319 of 2025 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The allegation against the petitioner is to have in
possession of 105 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that the name of petitioner transpired on
the basis of suspicion arising out of disclosure made by local
Choukidar. It is submitted that alleged recovery of illicit liquor
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was made from the bushes near
“Kuwari Ring Dam”, which is an open place and accessible to
general public. It is submitted that alleged recovery of illicit
liquor was not made from conscious physical possession of
this petitioner. It is submitted that seizure list was not
supported by independent witnesses rather by police
personnel. The petitioner found involved in two more criminal
case of similar nature, where he is on bail.
5. Learned A.P.P. for the State has opposed the
prayer for anticipatory bail of the petitioner.
6. 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
this petitioner, accordingly, above-named petitioner, in the
event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
learned Additional Session Judge-cum-Exclusive Special
Excise Judge-1st, Saran at Chapra/concerned court in
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connection with Amnour P.S. Case No. 319 of 2025, 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.)
Sanjeet/-
U T
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