Patna High Court
Nandu Sahani @ Nandu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nandu Sahani, was arrested on 11 January 2026 in connection with the seizure of 200 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from a tempo he owned, not from his personal possession, and alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing nine prior criminal antecedents, though it noted the petitioner was already on bail in other pending cases. The court, after considering the arguments, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner violated any of the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether alleged non‑compliance with Sections 103/105 of the BNSS, 2023 affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure of liquor
- criminal antecedents
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18499 of 2026
Arising Out of PS. Case No.-723 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Nandu Sahani @ Nandu Kumar Son of Lalan Sahani @ Lalan Sahni Resident
of Village- Panchbhirwa, Damovriti, P.S.- Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Dhurendra Kumar, learned counsel for the
petitioner and Mr. Sanjay Kumar Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.01.2026 in connection with Harsidhi P.S. Case No. 723 of
2025, F.I.R. dated 24.10.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 200 liters of country made 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 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 the recovery has
been made from the tempo in question and petitioner is not the
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2/3
owner of the said tempo in question. He further submits that
there is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioner is in custody since 11.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries nine criminal antecedents other
than the present one but fairly submits on the basis of the
supplementary affidavit filed on behalf of the petitioner that he
is on bail in all the pending matters.
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 Excise Court No.-1, East Champaran, Motihari in
connection with Harsidhi P.S. Case No. 723 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
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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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