Patna High Court
Pradeep SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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
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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
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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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