Patna High Court
Umesh Sahani @ Umesh Kumar @ Umesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specified conditions.
Summary
The petitioner, Umesh Sahani, was arrested on 16 February 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 260 litres of country-made wine were seized near his village. He contended that the FIR was forged, he has a clean antecedent, and that mandatory provisions of Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the alleged procedural lapses, and the petitioner’s claim of innocence, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties and several compliance conditions. The order also directed the petitioner to cooperate with the trial and warned of bail cancellation for non‑appearance, tampering with evidence, or concealment of antecedents.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the nature of the offence and alleged procedural violations?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19544 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- BAHADURPUR District- Patna
======================================================
Umesh Sahani @ Umesh Kumar @ Umesh Sahni Son of Late Bijli Sahani
Resident of village- Sandalpur, Pachiyor, PS -Bahadurpur, Dist -Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.02.2026 in connection with Bahadurpur P.S. Case No. 45 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. The prosecution story, in brief, is that on 08.02.2026
the informant has received a secret information at about 10:00
Hrs and he reached near Sandalpur Pachiyor Pond and saw that
one person fled away after seeing the police party and total 260
litres of country made wine have been recovered from the place
of occurrence. On enquiry, it was known that recovered wine
belongs to Umesh Sahani.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19544 of 2026(2) dt.31-03-2026
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petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Learned counsel for the petitioner submits
that petitioner has been made an accused in this case on the
basis of suspicion and based on the disclosure made by local
people. Learned counsel for the petitioner submits that
petitioner has no concern with the alleged liquor and petitioner
is in custody since 16.02.2026. It is next submitted that there is
non-compliance of mandatory provisions of Sections 103 and
105 of BNSS, 2023.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
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 Court of Excise, Patna City, District-Patna in connection
with Bahadurpur P.S. Case No. 45 of 2026, subject to the
following conditions:-
Patna High Court CR. MISC. No.19544 of 2026(2) dt.31-03-2026
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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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