Patna High Court
Manager sahani @ Mainejar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 274, 275, 3(5)
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
Checking your session…