Patna High Court
Raushan Sahni @ Raushan Kumar @ Raushan ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered the release of the petitioner on bail 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 Prohibition and Excise Act for allegedly recovering 250.56 litres of liquor from a vehicle. He contended that he was not arrested at the spot, had no possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement of a co‑accused, which he argued lacks evidentiary value. The petitioner, who has three prior excise cases, had been in custody since 6 February 2026 and a charge‑sheet had been filed. He applied for bail, assuring the court that he would not abscond and would cooperate with the trial. The State opposed the bail, but the court, after considering the submissions, granted bail on the condition of a Rs.5,000 bond and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether a confessional statement of a co‑accused can alone justify continued detention.
- Whether the petitioner’s prior excise cases preclude the grant of bail.
Subjects
- bail
- excise law
- Section 30(a)
- confessional statement
- police investigation
- prior cases
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19129 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- AURAI District- Muzaffarpur
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Raushan Sahni @ Raushan Kumar @ Raushan Chaudhari Son of Lakhan
Sahni @ Lakhan Chaudhari 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
2 18-04-2026 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
offence punishable under Section 30(a) of Bihar Prohibition and
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 250.56 litres of liquor from a Bolero
vehicle. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and he
came to be implicated based on confessional statement of
Amarnath in police custody which does not have any
evidentiary value. It is next submitted that after amendment in
the Excise Act in the year 2018, the concept of deemed
Patna High Court CR. MISC. No.19129 of 2026(2) dt.18-04-2026
2/2
possession and presumed offender has been done away with. It
is further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation. It
is next submitted that petitioner is in custody since 06.02.2026
and charge sheet has been submitted. It is also submitted that if
privilege of bail is granted to the petitioner, the petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. 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.165/2025.
(Satyavrat Verma, J)
amit/-
U T
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