Patna High Court
Sunil SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding no sufficient ground to deny it.
Summary
The petitioners, Sunil Sahni and Manoj Rai, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1950 liters of country-made liquor on two scooties. They contended that they were neither owners nor riders of the scooties and that the liquor was recovered from an open area near a river, asserting their innocence and lack of any incriminating material in their possession. The State opposed bail, while the petitioners highlighted the absence of a criminal record and the non‑compliance of Section 103 of the Bihar Narcotic Substances (BNSS) Act, 2023. The Court, after considering the circumstances and the period of custody, decided to grant bail, directing the petitioners to furnish bail bonds of Rs.15,000 each with two sureties. Consequently, the petitioners were released on bail pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1333 of 2026
Arising Out of PS. Case No.-589 Year-2025 Thana- MALSALAMI District- Patna
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1. Sunil Sahni S/O Gauri Sahni R/O Village - Sukumarpur, P.S- Raghopur,
Dist.- Vaishali at present Mohalla- Nuruddinganj near Ghat P, P.S.
Malsalami, District- Patna
2. Manoj Rai S/o Shankar Rai Resident of Mohalla - Nuruddinganj near Ghat
P, P.S. Malsalami, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Adv.
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Malsalami
PS Case No. 589 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1950 liters of
country made liquor was recovered from the jute sacks loaded
on two scooty.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. Learned counsel for
Patna High Court CR. MISC. No.1333 of 2026(2) dt.19-01-2026
2/2
the petitioners submit that the petitioners are neither the owner
nor the rider of the said scooty and the alleged recovery has
been made from two scooty standing near the river which is an
open place accessible to one and all. The petitioners are in
custody since 21.11.2025 and have got no criminal antecedent.
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 petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners 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 Malsalami PS Case
No. 589 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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