Patna High Court
Sahil RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed.
Summary
The petitioner, Sahil Raj, was arrested on 17 January 2026 for possession of 100 litres of illicit liquor, alleged to violate several provisions of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed a clean antecedent and offered to donate Rs 25,000 to a charitable organization as a condition for bail. The State opposed the bail application. The Court, after considering the nature of the offences, the period of custody and the petitioner’s clean record, allowed the bail application. Bail was granted on a bond of Rs 10,000 with two sureties, subject to the donation, monthly attendance at the police station, and verification of antecedents. The order expressly limited its observations to the bail application and stated they would not affect the trial.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 317(5), 318(4), 338, 336(3), 340(2), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed – a charitable donation, monthly police‑station attendance and antecedent verification – are lawful and sufficient for granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- illicit liquor
- prohibition
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- conditions of bail
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13053 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Sahil Raj S/o Late Ajay Kumar Gupta Resident of Mohalla - Daldali Bazar,
P.S. - Town, District - Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Ranjan
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Nagar P.S. Case No. 45 of 2026,
registered for offences punishable under Sections 317(5),
318(4), 338, 336(3), 340(2), 3(5) and 61(2) of the Bharatiya
Nyaya Sanhita, 2023, and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, 100 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 17.01.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
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Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Nagar P.S. Case No.
45 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand
only) with Ramakrishna Mission Ashrama,
Latu Maharaj Path, opposite Circuit
House, Chapra, Bihar, and shall produce a
valid receipt thereof before the court
below. The bail bonds shall be accepted
only after verification of the genuineness
of the said receipt.
(ii). The petitioner shall mark his attendance
at Chapra Town Police Station on every
Sunday of each month. In the event of
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default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail bonds,
the court below shall verify the
antecedents of the petitioner. The bail
bonds shall be accepted only upon
confirmation that the petitioner has no
criminal antecedent. However, such
verification shall not be used as a ground
to unnecessarily delay acceptance of the
bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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