Patna High Court
Sunil Sahni @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
2/3
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
Checking your session…