Patna High Court
Mandeep SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
The petitioner, Mandeep Sahani, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 165 litres of country-made liquor. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from a public open area, with his name supplied by a local chowkidar. He also highlighted his lack of prior criminal record and alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. After considering the facts, the court found the petitioner’s claim credible and, noting the absence of material evidence and his clean record, decided to grant bail on condition of a cash bond and sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10103 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Mandeep Sahani Son of Nanda sahani @ Nand Lal Sahni Resident of village-
Bheriyari (Bhedihari), , P.S- Sugauli District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sugauli
P.S. Case No. 597 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 165
liters of country made liquor was recovered from plastic gallons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The name of the
petitioner has been disclosed by the local Chowkidar. Learned
counsel for the petitioner further submitted that the recovery has
Patna High Court CR. MISC. No.10103 of 2026(2) dt.19-02-2026
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been made from open place, which is accessible to public at
large. The petitioner is in custody since 02.12.2025 and has got
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sugauli P.S. Case
No. 597 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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