Patna High Court

Vijay Sahni @ Vijay Kumar SahniversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

Vijay Sahni applied for bail in a case (Riga P.S. Case No. 23 of 2026) involving alleged offences under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, relating to the recovery of 111 litres of liquor from a tempo. The prosecution’s case rests mainly on a confessional statement of a co‑accused, with no incriminating article recovered from the petitioner’s possession. The petitioner contended that he was falsely implicated, had no connection with the vehicle or liquor, and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody period, and the procedural lapses, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted when the primary evidence is a co‑accused’s confessional statement.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.
Whether the offences under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act warrant denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

bail
liquor smuggling
confessional statement
procedural compliance
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13866 of 2026
                         Arising Out of PS. Case No.-23 Year-2026 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Vijay Sahni @ Vijay Kumar Sahni S/o Sonaphi Sahani @ Sonfi Sahni @
                 Sonpi Sahan Resident of Village- Riga Imli Bazar @ Ward No. 14, Riga
                 (Ramnagar), P.S.- Riga, Dist.- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   26-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Riga

                   P.S. Case No. 23 of 2026 instituted for the offences punishable

                   under Sections 317(5) of the Bharatiya Nyaya Sanhita, 2023

                   and 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 111 litres

                   of liquor was recovered from tempo.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of the apprehended co-accused. No

                   incriminating article has been recovered from the conscious
           Patna High Court CR. MISC. No.13866 of 2026(2) dt.26-02-2026
                                                       2/2




                     possession of the petitioner. Learned counsel further submitted

                     that petitioner is in no manner connected with the vehicle in

                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 17.01.2026 and has two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Riga P.S. Case No.

                     23 of 2026.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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