Patna High Court
Arbind Sahni @ Arbind Kumar @ Arvind SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail on furnishing bail bonds of Rs.10,000 with two sureties of the same amount.
Summary
The petitioner, Arbind Sahni, was arrested in connection with an alleged recovery of 305.28 litres of liquor from a public area near a garbage disposal building, under Section 30(a) of the Excise Act. He had a prior case under the same Act and had been in custody since 27 January 2026. The petitioner argued that the liquor was not in his conscious possession, the location did not belong to him, and that the antecedent case alone should not preclude bail. The State opposed the bail application. The Court considered these submissions and directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Excise Act given the alleged recovery of liquor, lack of conscious possession, and his prior case.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- liquor seizure
- criminal procedure
- antecedent case
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12828 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- MUSRIGHRARI District- Samastipur
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Arbind Sahni @ Arbind Kumar @ Arvind Sahni Son of jagarnath Sahni @
Jagar Nath Sahani Resident of 39, ward no. 01, Gohda, Rupauli Buzurg,
Rupauli, P.S-. Musrigharari, Dist-Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj
For the Opposite Party/s : Mr.Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 305.28 litres of liquor from a bush near a garbage
disposal building.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large, bur then, during the course
Patna High Court CR. MISC. No.12828 of 2026(2) dt.03-04-2026
2/2
of investigation, police arrested the petitioner, since petitioner
has antecedent of one case under the Excise Act. It is also
submitted that petitioner is in custody since 27.01.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Musrigharari P. S. Case No.216 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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