Patna High Court
Pathalu Sahani @ Patlu SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Pathalu Sahani was arrested in connection with the alleged seizure of 100 litres of country-made liquor from a hut, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, was falsely implicated, and that the police failed to follow Section 105 of the BNSS while preparing the seizure list. He had been in judicial custody since 30‑11‑2025 and had no prior criminal record. The State opposed the grant of regular bail. After hearing both sides, the High Court found merit in the petitioner's claim of procedural irregularity and lack of direct evidence, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court of Excise.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the seizure procedure allegedly violated Section 105 of the BNSS and no possession by the accused is established.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- procedural lapse
- seizure
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16955 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Pathalu Sahani @ Patlu Sahni Son of Kuldeep Sahani Resident of Rusulpur
Daud, Salempur Dumaria, P.S.- Vaishali, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a hut,
altogether 100 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. He has no concern with
the alleged recovery or with the alleged hut from where the
recovery has been made. The witness of the seizure list is police
Patna High Court CR. MISC. No.16955 of 2026(2) dt.16-03-2026
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personnel and police has not followed Section 105 of BNSS
while preparing seizure. Moreover, he is languishing in judicial
custody since 30.11.2025 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bahadurpur P.S. Case No. 398 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court of Excise, Patna City.
(Ashok Kumar Pandey, J)
shubham/-
U T
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