Raj Kumar Sahni v. The State Of Bihar

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.SMaker, 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 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

Patna High Court CR. MISC. No.9648 of 2026(2) dt.17-02-2026 2/3 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

Patna High Court CR. MISC. No.9648 of 2026(2) dt.17-02-2026 3/3 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