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Patna High Court

Raushan Sahni @ Raushan Kumar @ Raushan ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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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