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Patna High Court

Manager sahani @ Mainejar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified monetary, surety, charitable donation, antecedent verification, and regular police‑station attendance conditions.

Summary

The petitioner, Manager Sahani, was arrested on 17 January 2026 for allegedly possessing 320 litres of illicit liquor, charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita. He applied for bail, claiming innocence, a clean criminal record, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, and produce the receipt, and that his antecedent be verified. Additional conditions required the petitioner to attend the Turkauliya Police Station every Sunday, with default leading to cancellation of bail. The bail bonds are to be accepted by the lower court upon verification of the receipt and antecedent.

Issues considered

  • Whether bail should be granted to a person accused under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita for illicit liquor possession.
  • Whether imposing a charitable donation as a condition of bail is permissible.
  • Whether verification of the petitioner’s criminal antecedent is required before accepting bail bonds.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • charitable donation condition
  • police attendance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17408 of 2026
                 Arising Out of PS. Case No.-27 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Manager sahani @ Mainejar Sahani Son of Late Raktu Sahani Resident of
                 village -kawalpur kanhi tola, Ps- Turkauliya, Dist- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Abhishek Kumar, Advocate
                 For the State           :       Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Turkauliya P.S. Case No. 27 of 2026 registered for the offence

                   punishable under Sections 274, 275 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                 3. As per the prosecution case, the petitioner was

                   caught with 320 litres of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is in custody since 17.01.2026 having clean

                   antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.17408 of 2026(2) dt.16-03-2026
                                            2/3




          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No. 1, Civil Court, East Champaran,

          Motihari, Bihar/concerned Court below in connection with

          Turkauliya P.S. Case No. 27 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur and produce the receipt of the same before

          the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. At the time of accepting bail bonds of the

          petitioner, the Court below will verify the criminal antecedent of

          the petitioner. If it is found that the petitioner has criminal

          antecedent, the Court below shall not accept the bail bonds of
           Patna High Court CR. MISC. No.17408 of 2026(2) dt.16-03-2026
                                                       3/3




                     the petitioner and if it is found that the petitioner has clean

                     antecedent, his bail bonds shall be accepted by the Court below.

                                  10. As a condition of this order, the petitioner after

                     being released on bail is directed to mark his attendance at

                     Turkauliya Police Station District- East Champaran on every

                     Sunday of the month. Any default in appearance at the police

                     station will result in cancellation of bail bonds of the petitioner.




                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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