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Patna High Court

Pradeep SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Petitioner Pradeep Sahni was arrested in connection with the recovery of 110 litres of country-made liquor from his joint house and charged under Sections 30(a), 30(c) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was recovered from a house shared with other family members and that no incriminating material was found in his personal possession. The petitioner also contended that the police had acted high‑handedly and that Section 103 of the BNSS, 2023 had not been complied with. The State opposed bail, citing the petitioner’s seven prior criminal antecedents and the seriousness of the offence. The High Court, after considering the custody period and the circumstances, granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance in court.

Issues considered

  • Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act involving alleged possession of illicit liquor.
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, and the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • Section 103 BNSS
  • criminal antecedents
  • joint house
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1412 of 2026
                     Arising Out of PS. Case No.-156 Year-2025 Thana- EXCISE MANJHAUL District-
                                                        Begusarai
                 ======================================================
                 Pradeep Sahni Son of Late Akal Sahni Resident of Village - Godhiyari, Ward
                 No.- 27, Police Station - Bakhri, District - Begusarai (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra
                 For the Opposite Party/s :      Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Manjhaul

                   Excise PS Case No. 156 of 2025 instituted for the offences

                   under Sections 30(a), 30(c) and 32(3) of the Bihar Prohibition

                   and Excise Act.

                           3. The prosecution case, in short, is that 110 liters of

                   country made liquor was recovered from the house of the

                   petitioner.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.1412 of 2026(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner submits that the recovery has been made from

          the joint house of the petitioner where other family members

          also reside and this petitioner has been implicated in this case

          due to high handedness of the police. The petitioner is in

          custody since 29.11.2025 and has got seven criminal

          antecedents. 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 petitioner,

          this Court is inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail, after framing of

          charge, if not already framed,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 Manjhaul Excise PS Case No. 156 of 2025,

          subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.1412 of 2026(2) dt.19-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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