Sujeet Sahni @ Sujeet Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40170 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- PATEPUR District- Vaishali ====================================================== Sujeet Sahni @ Sujeet Kumar Sahni Son of Madan Sahni Resident of Village - Chaknaseer, Ward No. 10, Nasir Chak, P.S.- Patepur, District - Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sunil Kumar Singh, Advocate For the Opposite Party/ :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Patepur P.S. Case No.115 of 2026 registered under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 16.875 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was made from an abandoned hut which is an open place and
Patna High Court CR. MISC. No.40170 of 2026(2) dt.23-06-2026 2/3 accessible by general public. It is also submitted that there was no independent seizure list witnesses. Compliance of Section 103(4) of the BNSS also not appears followed. It is also submitted that the recovery of illicit liquor was not made from conscious physical possession of the petitioner. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of 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, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. II-cum- District and Additional Session Judge, Vaishali at Hajipur, in connection with Patepur P.S. Case No.115 of 2026, subject to the
Patna High Court CR. MISC. No.40170 of 2026(2) dt.23-06-2026 3/3 conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J) aniket/- U T