Patna High Court

Dharmendra SahaniversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Dharmendra Sahani, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 210 litres of country‑made liquor. He contended that he had no possession of the liquor, was falsely implicated, and that the co‑accused alone named him, while noting that no incriminating material was found on him. The petitioner had been in custody since 25‑12‑2025 and possessed three prior criminal antecedents, and the State opposed his bail. The Court observed that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but considered the circumstances and period of custody. Consequently, the Court granted bail on the condition of a Rs 15,000 bond with two sureties and imposed standard bail conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Section 103
Bihar
India

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14728 of 2026
                   Arising Out of PS. Case No.-545 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Dharmendra Sahani S/O Awadh Sahani Resident of village - Godigawa, P.S-
                 Sugauli, District- East Champaran
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.N.N. Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Sugauli

                   P.S. Case No. 545 of 2025, instituted for the offences punishable

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

                                3. The prosecution case, in short, is that total 210

                   liters of country made liquor was recovered near Bhatti.

                                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

                   no concern with the alleged recovery of liquor. Apprehended co-

                   accused has disclosed the name of petitioner. The petitioner has

                   no concern either with the seized liquor or the place of recovery
Patna High Court CR. MISC. No.14728 of 2026(2) dt.27-02-2026
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          or any trade of liquor. The petitioner is in custody since

          25.12.2025 and has got three criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Sugauli P.S. Case No. 545 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.14728 of 2026(2) dt.27-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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