Patna High Court
Raushan Sahni @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release upon furnishing a bond of Rs.5,000 with two sureties.
Summary
The petitioner, Raushan Sahni, was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 816.48 litres of liquor from a Mahindra pickup vehicle. He has three prior excise cases and has been in custody since 2 February 2026. The petitioner argued that he was not caught in possession, was not the owner of the vehicle, and that the case against him relied solely on a confessional statement made by another accused, Deepak, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail application. The court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by a co-accused in police custody can form the basis for bail denial.
- Whether the petitioner’s prior excise cases affect the grant of bail.
Subjects
- bail
- excise law
- Section 30(a)
- confessional statement
- prior cases
- police custody
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18514 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Raushan Sahni @ Raushan Kumar S/o 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
For the Opposite Party/s : Mr. Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 816.48 liters of liquor from a
Mahindra Pick up vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated based on
confessional statement of Deepak in police custody which does
Patna High Court CR. MISC. No.18514 of 2026(3) dt.24-04-2026
2/2
not have any evidentiary value. It is also submitted that
petitioner is in custody since 02.02.2026 and if privilege of bail
is granted, the petitioner will not abscond rather will cooperate
in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Aurai
P.S. Case No. 211 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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