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2026 DAILYLAW 24203 (PAT)

Mintu Sahani v. The State of Bihar

CR. MISC./45615/2026 · 2026-07-10

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45615 of 2026 Arising Out of PS. Case No.-65 Year-2026 Thana- DUMARIAGHAT District- East Champaran ====================================================== Mintu Sahani S/o Jilai sahani Resident of Village - Semuaapur, P.S.- Dumariyaghat, District- East Champaran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Abhishek Kumar, Adv. For the Opposite Party : Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 10-07-2026 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 Dumariyaghat P.S. Case No.65 of 2026 registered under Section 30(a) of 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 200 litres of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from bathi which is an open place accessible to general Patna High Court CR. MISC. No.45615 of 2026(2) dt.10-07-2026 2/3 public and also the bhati does not belong to this petitioner. It is also submitted name of petitioner arrayed solely on the disclosure made by the local chowkidar. It is further submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is pointed out that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Explaining criminal antecedent, it is submitted that the petitioner found involved in one criminal case of similar nature, where he is on bail. 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 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 Patna High Court CR. MISC. MISC. No.45615 of 2026(2) dt.10-07-2026 3/3 satisfaction of the learned Exclusive Special Excise Court No.- 3 Civil Court, East Champaran at Motihari, in connection with Dumariyaghat P.S. Case No.65 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS. Aniket/- (Chandra Shekhar Jha, J.) U T