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Patna High Court

Dhiru SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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