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Patna High Court

Sunil Sahni @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sunil Sahni, was arrested on 15 December 2025 in connection with a 2020 case involving the seizure of 1,339.89 liters of illegal English liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case relied on statements of co‑accused who had fled the scene and later disclosed the petitioner’s name, although no liquor was found in his possession and he does not own the vehicle used. The petitioner’s counsel argued that he was falsely implicated, that the co‑accused had already been granted bail, and that there was no direct evidence against him. The State opposed bail, citing a prior similar offence by the petitioner. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the offence and the evidence.
  • Whether the petitioner’s alleged prior similar offence warrants denial of bail.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • Section 30(a)
  • criminal antecedent
  • co‑accused statements
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19507 of 2026
                       Arising Out of PS. Case No.-422 Year-2020 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Sunil Sahni @ Sunil Kumar Son of Mahadev Sahni @ Mahadeo Sahni R/o
                 village - Lagma, P.S.- Dumra, Dist.- Sitamarhi.
                                                                        ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar
                 For the Opposite Party/s :        Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                      Heard leaned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. Petitioner seeks bail who is in custody since

                   15.12.2025 in connection with Dumra P.S. Case No. 422 of

                   2020 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                               3. The prosecution story, in brief, in brief as stated in

                   the typed petition of the informant named as Rajesh Ranjan

                   (S.I.) that on 25.12.2020 at about 01:45 a.m, at Lagma Echowk,

                   these two accused petitioners fled away from the place of

                   occurrence, on searching a rickshaw, a total 1339.890 liters of

                   illegal English liquor was recovered from the rickshaw on the

                   place of occurrence. These two accused petitioners' name were

                   disclosed through secret sources to the police. Accordingly,

                   seizure list was prepared.

                               4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the present case, it is
Patna High Court CR. MISC. No.19507 of 2026(2) dt.10-04-2026
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          further submitted that name of the petitioner has transpired on

          the basis of disclosure made by the apprehended co-accused

          persons, namely, Sunil Sahni and Rishikesh Kumar. Learned

          counsel for the petitioner further submits that it appears from the

          FIR that nothing has been recovered from the conscious

          possession of the petitioner and petitioner is not the owner of

          the vehicle in question and co-accused persons, namely, Sunil

          Sahni and Rishikesh Kumar, who have disclosed the name of

          the petitioner, have been granted bail vide order dated

          22.10.2021 passed in Cr. Misc. No. 39508 of 2021. It is next

          submitted that police after investigation has submitted charge-

          sheet and the petitioner is in custody since 15.12.2025.

                      5. Learned APP for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of one case of similar

          nature other than the present case.

                       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, Sitamarhi in connection with

          Dumra P.S. Case No. 422 of 2020 subject to the following
           Patna High Court CR. MISC. No.19507 of 2026(2) dt.10-04-2026
                                                       3/3




                     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 canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     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)
Gaurav Sinha/-

U      T


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