Patna High Court

Rajesh SahniversusThe State of Bihar

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

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Petitioner Rajesh Sahni was arrested in connection with a case where 10 litres of country‑made liquor were recovered from two plastic sacks, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting that he was falsely implicated, that no incriminating material was found on his person, and that the recovery was from an open place; he also contended that Section 103 of the BNSS, 2023 had not been complied with. The State opposed the bail application. Considering the facts, the period of custody since 11‑01‑2026, and the petitioner’s five prior convictions, the court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance. The order also provided for cancellation of bail upon default on two consecutive dates.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite his prior criminal antecedents.
Whether the non‑compliance with Section 103 of the BNSS, 2023 precludes the grant of bail.

Subjects

bail
excise
prohibition
Section 30(a)
BNSS 2023
criminal antecedent
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11879 of 2026
                       Arising Out of PS. Case No.-8 Year-2026 Thana- Excise P.S. District- Khagaria
                 ======================================================
                 Rajesh Sahni S/o Late Mahadev Sahni Resident Of Village- Baluahi, P.S.-
                 Nagar and Dist- Khagaria,



                                                                                      ... ... Petitioner/s
                                                         Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Jai Kishor Poddar, Advocate
                 For the Opposite Party/s :         Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 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

                   Khagaria Excise PS Case No. 08 of 2026 instituted for the

                   offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 10 liters

                   country made liquor was recovered from two plastic sacks.

                           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
Patna High Court CR. MISC. No.11879 of 2026(2) dt.19-02-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. It is submitted

          that recovery is from an open place, which is accessible to one

          and all. The petitioner is in custody since 11.01.2026 and has

          got five criminal antecedent/s. 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 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, after framing

          of charge, if not already framed, 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 Khagaria Excise PS Case No. 08 of 2026,

          subject to the following conditions:

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

          family of the petitioner.

                  (II) The petitioner 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.11879 of 2026(2) dt.19-02-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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