Chhote Sahni @ Makai Sahni @ Makai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Chhote Sahni @ Makai Sahni @ Makai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in the event of his arrest or surrender before the court below within four weeks, on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Darbhanga, in connection with Sadar P.S. Case No. 22 of 2025, subject to the condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the further condition that one of the bailors shall be the own/close relative of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Sadar P.S. Case No. 22 of 2025 registered under Sections 30(a), 38(1) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on bail in the event of his arrest or surrender.

Court's answer

Weighing the submissions and materials on record, the Court found warrant for bail particularly on the ground of the doubtful identification of the petitioner and the infirmities in the search and seizure, as also the lack of materials attracting the rigours provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016.

Ratio / Principle

The Court directed that, in the event of his arrest or surrender before the court below within four weeks from receipt/production of a copy of the order, the petitioner be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Darbhanga, in connection with Sadar P.S. Case No. 22 of 2025, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the further condition that one of the bailors shall be the own/close relative of the petitioner.

Detailed headnote1 paragraphs

Bail — petitioner apprehending arrest in Sadar P.S. Case No. 22 of 2025, Darbhanga, under Sections 30(a), 38(1) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 — alleged unloading of illicit liquor from a truck; 1416.600 litres of Indian made foreign liquor recovered; fleeing persons said to have been identified by the local chaukidar — petitioner contended the identification was doubtful (raid at 00.30 hours in a dark night; chaukidar a resident of a different place), that he was implicated owing to criminal antecedents without substantive material, and that there were infirmities in the search and seizure with non-compliance of Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — State opposed citing three antecedents, one relating to the Excise Act — Court, having regard to the doubtful identification, the infirmities in the search and seizure and the lacking of materials attracting the rigours under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, permitted release on bail upon arrest or surrender within four weeks on bail bonds of Rs.20,000/- with two like sureties before the Special Judge, Excise Court No.1, Darbhanga, subject to the Section 482(2) BNSS 2023 condition and the further condition that one bailor be an own/close relative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31120 of 2025

Arising Out of PS. Case No.-22 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga

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

Chhote Sahni @ Makai Sahni @ Makai, Son of Bhola Sahni, Resident of Village- Kharthua, P.S.- Darbhanga Sadar, District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 21-05-2025

Heard the parties.

The petitioner is apprehending his arrest in

connection with Sadar P.S. Case No. 22 of 2025 registered for the offences punishable under Sections 30(a), 38(1) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

In course of patrolling, the police received secret information that some persons are engaged in unloading of illicit liquor from a ‘Truck’, rushed to the place of occurrence. However, noticing the police party 3-4 persons, who were present there succeeded in fleeing away. It is further alleged that the local Chaukidar identified the petitioner and others, who managed to flee away. In course of search, total 1416.600 litres of Indian made foreign liquor was recovered.

Patna High Court CR. MISC. No.31120 of 2025(2) dt.21-05-2025 2/3

Learned Advocate for the petitioner contended that admittedly the raid was conducted at about 00.30 hours in a dark night and, as such, any identification of the petitioner that too by a local Chaukidar , who is resident of different place, is quite doubtful. It is further contended that in fact on account of criminal antecedent of the petitioner, as has been disclosed in para 3 of the petition, the name of the petitioner has been implicated in this case without there being any substantive materials. There are various other infirmities in the search and seizure, coupled with non-compliance of Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is lastly contended that the petitioner has neither any concern with the Truck, in question, nor with the illicit liquor; moreover, the petitioner undertakes that he will fully cooperate in the investigation or in the proceeding of the court.

On the other hand, learned APP for the State opposes the bail application and submits that the presence of the petitioner has been disclosed by the local Chaukidar ; all the more the petitioner is carrying three criminal antecedent and one relates to Excise Act.

Regard being had to the submissions made on behalf of the parties and considering the materials available on record,

Patna High Court CR. MISC. No.31120 of 2025(2) dt.21-05-2025 3/3

especially the doubtful identification of the petitioner and the infirmities in the search and seizure, as also the lacking of materials, which attract the rigors provided under Section 76(2) of the of the Bihar Prohibition and Excise Act, 2016, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Darbhanga in connection with Sadar P.S. Case No. 22 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J)

uday/-

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