Patna High Court
Raushan Sahni @ Raushan Kumar @ Roshan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
2/3
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
Checking your session…