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Patna High Court

Pathalu Sahani @ Patlu SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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