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Patna High Court

Laddu Sahani @ Krishna Mohan SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of evidence of conscious possession, the court held that bail must be granted subject to prescribed conditions.

Summary

Laddu Sahani was arrested in connection with the seizure of 200 litres of country-made liquor under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that he had no conscious possession of the liquor and was falsely implicated, relying on the fact that the seizure was made from a tempo he did not own and that identification was solely based on a local chaukidar’s statement. The State opposed bail, citing the chaukidar’s identification and the petitioner’s other pending cases of a similar nature. The court examined the lack of material linking the petitioner to the seized liquor and noted that no evidence of conscious possession was presented. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether bail should be granted when no material establishes the accused's conscious possession of the contraband.
  • Whether identification by a local chaukidar alone suffices to justify continued detention.
  • Whether the existence of other pending cases of a similar nature bars the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • possession
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19682 of 2026
                  Arising Out of PS. Case No.-723 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Laddu Sahani @ Krishna Mohan Sahani Son of Lalan Sahani @ Lalan Sahni
                 Resident of Village- Panchbhirwa, Damovriti, P.S.- Harsidhi, District- East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Dhurendra Kumar, Advocate
                 For the State            :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-03-2026                        Heard Mr. Dhurendra Kumar, learned counsel for

                   the petitioner and Mr. Sanjay Kumar Sharma, learned APP for

                   the State.

                                2. Petitioner seeks bail, who is in custody since

                   11.01.2026, in connection with Harsidhi P.S. Case No. 723 of

                   2025, F.I.R. dated 24.10.2025 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 200 litres of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.19682 of 2026(2) dt.25-03-2026
                                            2/3




          conscious possession of the petitioner rather recovery has been

          made from the tempo in question and petitioner is not the owner

          of the tempo in question and the name of the petitioner has been

          transpired on the basis of disclosure made by local choukidar

          and the local choukidar has disclosed that the petitioner was

          present at the place of occurrence and he fled away from the

          place of occurrence and except the aforesaid, no other cogent

          material has come during investigation to suggest the

          involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 11.01.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the choukidar has identified the

          petitioner and apart from aforesaid the petitioner carries four

          more cases of similar nature other than the present one but fairly

          submits on the basis of paragraph-3 of the bail petition that the

          petitioner is on bail in the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the
               Patna High Court CR. MISC. No.19682 of 2026(2) dt.25-03-2026
                                                           3/3




                         satisfaction of learned Exclusive Special Excise Court No. 01,

                         East Champaran, Motihari in connection with Harsidhi P.S.

                         Case No. 723 of 2025, subject to the following conditions :-

                                      (1) 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 cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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