Patna High Court
Dhiru SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the recovery did not demonstrate his conscious possession of the illicit liquor.
Summary
The petitioner, Dhiru Sahani, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 77.250 litres of liquor recovered from an open pond near his residence. The petitioner argued that the seized liquor was not in his conscious physical possession and that the seizure list lacked independent witness testimony, relying only on police statements. The State opposed the bail application. The court examined the facts and found that the recovery did not establish the petitioner's possession of the liquor. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was conditioned on surrender before the Special Judge within four weeks.
Issues considered
- Whether the petitioner is entitled to bail when the seized illicit liquor is not shown to be in his conscious physical possession.
- Whether the lack of independent witness testimony affects the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illegal liquor
- possession
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9845 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- Sonki District- Darbhanga
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Dhiru Sahani S/o Late Lalvachan Sahani R/o Village - Mekna, P.S - Sonaki,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sonaki P.S. Case
No.138 of 2025 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 77.250 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor is made from the
small pond beside the mango orchard i.e., an open place, which is
accessible by general public, where nothing recovered from the
conscious physical possession of the petitioner, who is a man of
clean antecedent. It is also submitted that seizure list appears
Patna High Court CR. MISC. No.9845 of 2026(2) dt.17-02-2026
2/2
doubtful being not supported by independent witnesses rather by
police personnels.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor not appears to be
made from the conscious physical possession of this petitioner,
accordingly the petitioner above named, in the event of his arrest
or surrender before the learned trial court within a period of four
weeks, is directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Special Judge
1st, Excise Act, Darbhanga/concerned trial court where the case is
pending in connection with Sonaki P.S. Case No.138 of 2025
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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