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Patna High Court

Raushan Sahni @ Raushan Kumar @ Roshan SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to bond and conditions.

Summary

Raushan Sahni was arrested on 2 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 2,379.960 litres of foreign liquor. The petitioner contended that he was not named in the FIR and was implicated only through statements of co‑accused, with no liquor recovered from his possession. The prosecution opposed bail, citing three prior similar offences. The court examined the lack of direct possession, the petitioner’s claim of innocence, and the precedent of bail granted to a co‑accused in a similar case. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged seizure was not from his conscious possession.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.
  • Whether non‑compliance with Sections 103/105 of the BNSS, 2023 affects bail eligibility.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • Section 30(a)
  • criminal antecedent
  • BNSS 2023
  • possession
  • co‑accused statements

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18378 of 2026
                      Arising Out of PS. Case No.-137 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Raushan Sahni @ Raushan Kumar @ Roshan Sahni Son of Lakhan Sahni
                 R/O Village - Dhasna, P.S.- Aurai, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                    Heard Mr. Hemant Kumar, learned counsel for the

                   petitioner and Mr. Pranav Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.02.2026 in connection with Aurai P.S. Case No. 137 of 2025,

                   F.I.R. dated 26.06.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 2379.960 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that the petitioner is not named

                   in the FIR and his name has been transpired during investigation

                   on the basis of the disclosure made by the apprehended co-

                   accused persons, namely, Harendra Sahni, Raj Kumar Sahni and
Patna High Court CR. MISC. No.18378 of 2026(2) dt.24-03-2026
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          Munna Sahni and they have disclosed that the petitioner was

          present at the place of occurrence. He further submits that it

          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioner

          rather 2379.960 liters of foreign liquor has been recovered from

          the place of occurrence. He further submits that the petitioner

          has no concern at all with the alleged recovery of the illicit

          liquor and there is non-compliance of Section 103/105 of the

          BNSS, 2023. He further submits that the similarly situated co-

          accused, namely, Raj Kumar Sahani has been granted bail by a

          Co-ordinate Bench of this Court vide order dated 06.08.2025

          passed in Cr. Misc. No. 53709 of 2025. The petitioner is in

          custody since 02.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries three criminal antecedents of

          similar nature other than the present one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge Excise-II, Muzaffarpur in connection with Aurai
            Patna High Court CR. MISC. No.18378 of 2026(2) dt.24-03-2026
                                                        3/3




                      P.S. Case No. 137 of 2025, subject to the following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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