Patna High Court
Deepak SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Deepak Sahni, was arrested on 17 January 2026 after 13.8 litres of liquor was recovered from a jute bag allegedly belonging to him during a raid that seized 42.150 litres in total. He contended that he was a mere passer‑by, the bag did not belong to him and no incriminating material was found on his person, and he has no prior criminal record. The State opposed his bail, invoking the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the lack of material evidence, the petitioner’s clean antecedent and the short period of custody, and noted non‑compliance with Section 103 of the B.N.S.S., 2023. Accordingly, the Court granted bail on a bond of Rs 15,000 with two sureties.
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 recovery and lack of incriminating material.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- pre‑trial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16090 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Deepak Sahni S/o Late Bigan Sahni R/o Village - Maricha, Ward no. 11, P.S -
Halai, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Pre-Trial No.
BRSR01P-001287-2026 arising out of Sadar Excise P.S. case
No. 13 of 2026 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 42.150 liters
liquor was recovered out of which 13.8 liters liquor was
recovered from the jute bag of the petitioner. The petitioner was
arrested on spot.
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
Patna High Court CR. MISC. No.16090 of 2026(2) dt.13-03-2026
2/2
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the petitioner was passersby of the way
and has become victim of circumstances. The jute bag in
question does not belong to the petitioner. The petitioner is in
custody since 17.01.2026 and has got no criminal antecedent.
There is no compliance of Section 103 of B.N.S.S., 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, clean antecedent 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 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 Sadar Excise P.S.
case No. 13 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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