Patna High Court

Vijay SahaniversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioners subject to bond and conditions.

Summary

The petitioners, Vijay Sahani and Nikki Kumar, were arrested as driver and co‑driver of a truck from which 1,845 litres of foreign liquor was seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they had no knowledge of the contraband and that no incriminating material was found in their possession, and highlighted their clean criminal record and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the facts, the length of custody since 5 December 2025, and the petitioners’ circumstances. The court decided to grant bail, imposing a bond of Rs 15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail may be cancelled if the petitioners default on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the seizure of foreign liquor.
Whether the lack of incriminating material in the accused's possession and their clean antecedent justify bail.
Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition
excise
foreign liquor
Section 30
Section 103
criminal procedure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1050 of 2026
                  Arising Out of PS. Case No.-639 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     Vijay Sahani S/o Shobbit Singh @ Sahni RO Village- Bhatauna, PS- Ekma,
                  District- Saran
           2.    Nikki Kumar @ Nikki Kumar @ Nikku Kumar S/o Ramshreshth Singh R/o
                 Marwan, P.s.- Karja, Distt.- Muzaffarpur

                                                                                 ... ... Petitioners
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chetna, Adv.
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                           2. The petitioners seek bail in connection with Chapra

                   Muffasil PS Case No. 639 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 1845 liters of

                   foreign liquor was recovered from the truck and both petitioners

                   were arrested on the spot.

                           4. Learned counsel for the petitioners submit that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.1050 of 2026(2) dt.19-01-2026
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          got no concern with the alleged recovery of liquor. Learned

          counsel for the petitioner submits that the petitioners are the

          driver and co-driver of the vehicle in question and they had no

          knowledge regarding the nature of goods kept in the vehicle.

          The petitioners are in custody since 05.12.2025 and have got

          clean criminal antecedent. There is no compliance of Section

          103 of the BNSS, 2023.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                  6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioners,

          this Court is inclined to grant bail to the petitioner.

                  7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Chapra Muffasil PS

          Case No. 639 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.1050 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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