Sunil sahani Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sunil sahani Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest/surrender within six weeks, on bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge-1, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 181 of 2026, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issue for consideration

Whether the petitioner, who was not named in the FIR and was allegedly implicated on the basis of a co-accused's custodial confessional statement, should be granted anticipatory bail in Turkauliya P.S. Case No. 181 of 2026.

Court's answer

Considering the facts, circumstances and nature of material against the petitioner, the Court directed that in the event of his arrest/surrender within six weeks before the Court below, the petitioner be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge-1, East Champaran, Motihari, subject to the conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Patna High Court, Praveen Kumar, J, 29-07-2026) - In CR. MISC. No.50125 of 2026 arising from Turkauliya P.S. Case No. 181 of 2026 (offences under Sections 274, 275, 3(5) of the B.N.S., 2023 and Sections 30(a), 30(b), 32(2), 32(3), 33, 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act), where 1.280 litres of spirit was alleged to have been recovered from the egg shop of co-accused Rakesh Kumar, the petitioner (not named in the FIR and implicated only on the confessional statement of co-accused Rupesh Kumar recorded while in police custody, and already on bail in four similar cases) was held entitled to release on bail upon arrest/surrender within six weeks, on a bail bond of Rs. 10,000/- with two like sureties before the Exclusive Special Excise Judge-1, Motihari, subject to Section 482(2) Bhartiya Nagrik Suraksha Sanhita conditions; application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50125 of 2026

Arising Out of PS. Case No.-181 Year-2026 Thana- TURKAULIYA District- East Champaran

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

Sunil sahani son of Jugal Sahani @ Jagul Sahani Resident Of MohallaGadariya (Raghunathpur), Ps- Raghunathpur, Dist- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP

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

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 29-07-2026

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Turkauliya P.S. Case No. 181 of 2026 for the offence punishable under Sections 274, 275, 3(5) of the B.N.S., 2023 and Sections 30(a), 30(b), 32(2), 32(3), 33, 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act.

As per the allegation, from the egg shop of co-accused Rakesh Kumar, altogether 1.280 litres of spirit was recovered.

Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR. It has further

Patna High Court CR. MISC. No.50125 of 2026(2) dt.29-07-2026 2/3

been submitted that the name of the petitioner has transpired on the basis of confessional statement of co-accused Rupesh Kumar before police, while in police custody. Learned counsel for the petitioner has further submitted that the procedure prescribed under Section 103 of the B.N.S.S. has not been followed. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has further been submitted that although the petitioner is accused in four other cases of similar nature, but he is on bail in those cases.

Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.

Heard the parties and perused the record.

Considering the facts and circumstances and nature of material against the petitioner, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 181 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik

Patna High Court CR. MISC. No.50125 of 2026(2) dt.29-07-2026 3/3

Suraksha Sanhita.

This application stands allowed.

(Praveen Kumar, J)

Sahil/-

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