Patna High Court
Dhananjay Sahani @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Dhananjay Sahani, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 110 litres of liquor. He claimed innocence, arguing that the liquor was recovered from an open place and that no incriminating material was found in his possession. The State opposed bail, noting the petitioner’s two prior criminal antecedents and the non‑compliance of Section 103 of the BNSS, 2023. After considering the facts, the court found the petitioner’s custody period and lack of direct evidence sufficient to grant bail. Accordingly, the court ordered his release on a bail bond of Rs.15,000 with two sureties, subject to conditions regarding family surety and appearance at trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, prior criminal antecedents, and non‑compliance of Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12102 of 2026
Arising Out of PS. Case No.-627 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Dhananjay Sahani @ Dhananjay Kumar S/O Lalu Sahani @ Surendra Sahani
R/O Mehwa, P.S.- Sugauli, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sugauli PS Case No. 627 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 110 liters
liquor was recovered from sacks and bags.
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. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.12102 of 2026(2) dt.23-02-2026
2/2
and all. The petitioner is in custody since 19.12.2025 and has
got two (2) 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 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 Sugauli PS Case No.
627 of 2025, 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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