Patna High Court
Uma Sahani @ Uma SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to bond and specified conditions.
Summary
Petitioners Uma Sahani and Amod Sahani were arrested on 13 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022 for the alleged possession of 26.400 litres of Nepali liquor seized from a motorcycle. The petitioners contended that the liquor was not in their conscious possession, they have clean antecedents, and were falsely implicated. The State opposed the bail application, while the petitioners' counsel highlighted the non‑recovery from their possession and non‑compliance with Section 103 of the BNSS, 2023. The Court, considering these facts, granted bail on the condition of a Rs.10,000 bond per petitioner with two sureties each and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents but stipulated that acceptance of the bond should not be delayed.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022 given the circumstances of seizure.
- Whether the absence of conscious possession and non‑compliance with Section 103 of the BNSS, 2023 affect the bail decision.
- Whether the petitioners are fit and proper persons to be released on bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition & Excise Amendment Act
- Section 30(a)
- Section 103
- conscious possession
- excise law
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18506 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- Pachpakdi District- East Champaran
======================================================
1. Uma Sahani @ Uma Sahni Son of Vilash Sahani R/V- Ibrahipur Parsauni,
PS- Fenhara /Phenhara District -East Champaran
2. Amod Sahani son of Mangal Sahani R/V- Ibrahipur Parsauni, PS- Fenhara
/Phenhara District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the State : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Kundan Rathore@ Kundan Kumar,
learned counsel for the petitioners and Mr. Kumar Ranjit
Ranjan, learned APP for the State.
2. Petitioners seek bail, who are in custody since
13.01.2026, in connection with Pachpakri P.S. Case No. 06 of
2026, F.I.R. dated 13.01.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise Amendment Act, 2022.
3. Recovery is of 26.400 litres of Nepali liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that it
Patna High Court CR. MISC. No.18506 of 2026(2) dt.24-03-2026
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appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioners
rather recovery has been made from the motorcycle in question.
He further submits that although recovery has been made from
the motorcycle in question and there is non-compliance of
Section 103 of BNSS, 2023 and the petitioner is in custody
since 13.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 of the BNSS, 2023, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive
Special Excise Court No. 01, East Champaran, Motihari in
connection with Pachpakri P.S. Case No. 06 of 2026, subject to
the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.18506 of 2026(2) dt.24-03-2026
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Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Ibrar//-
U T
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