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Patna High Court

Arbind Sahni @ Arbind Kumar @ Arvind SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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