Vijay Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Vijay Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in connection with Bela P.S. Case No. 35 of 2023, effective upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to conditions under Section 482 (2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in Bela P.S. Case No. 35 of 2023 (offences under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act), is entitled to be released on anticipatory bail.

Court's answer

Taking into account the entire facts and circumstances of the case and the submissions of the petitioner's counsel, the Court directed that in the event of arrest or surrender the petitioner be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each to the satisfaction of the Court below.

Ratio / Principle

The anticipatory bail operates in the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks from the date of the order.

Key takeaways

The release on anticipatory bail is subject to the conditions laid down under Section 482 (2) of the B.N.S.S.ratio¶17

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Patna High Court, Criminal Miscellaneous No.56379 of 2025, oral order dated 31-10-2025 (Rudra Prakash Mishra, J), arising from Bela P.S. Case No. 35 of 2023, Thana Bela Industrial, District Muzaffarpur. Charges: Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act. Prosecution alleged recovery of 13731.840 liters of illicit foreign liquor from seven vehicles, including 347.04 liters from tempo Regd. No. BR06GA 5332 attributed to petitioner Vijay Sahani. Counsel pleaded innocence, absence of conscious possession, unawareness of the transport, non-compliance of Section 103 of the B.N.S.S., absence of criminal antecedent, and parity with co-accused Rajendra Rai (anticipatory bail granted 18.07.2025 in Cr. Misc. No. 49206 of 2025); the A.P.P. opposed the bail prayer. Considering the facts and submissions, the Court ordered that in the event of arrest or surrender before the Court below within six weeks the petitioner be released on anticipatory bail on bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, subject to the conditions under Section 482 (2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56379 of 2025

Arising Out of PS. Case No.-35 Year-2023 Thana- BELA INDUSTRIAL DistrictMuzaffarpur

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

Vijay Sahani Son of Jay Kishun Sahni village- Shekhpur, Ps- Ahiyapur, DistMuzaffarpur

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Adv. For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

3 31-10-2025 Heard learned counsel for the petitioner and learned APP

for the State.

The petitioner apprehends his arrest in connection with Bela P.S. Case No. 35 of 2023 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, the police has recovered total 13731.840 liters of illicit foreign liquor of different brands from seven different vehicles. It is alleged that from the tempo bearing Regd. No. BR06GA 5332 which belongs to the petitioner, total 347.04 liters of illicit liquor was recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.56379 of 2025(3) dt.31-10-2025 2/3

petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is the registered owner of the alleged tempo bearing Regd. No. BR06GA 5332. The petitioner was not aware about the so-called illicit liquor being transported by his vehicle. The petitioner has never indulged in illegal trade, transport or export and import of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that the coaccused Rajendra Rai has already been granted privilege of anticipatory bail by this Court vide order dated 18.07.2025 passed in Cr. Misc. No. 49206 of 2025.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be

Patna High Court CR. MISC. No.56379 of 2025(3) dt.31-10-2025 3/3

released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bela P.S. Case No. 35 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J)

rishi/-

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