Patna High Court

Ajay SahaniversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted subject to a Rs.10,000 bond with two sureties, a Rs.25,000 charitable donation, and mandatory weekly police station attendance.

Summary

Ajay Sahani was arrested in connection with the recovery of 60 litres of illicit liquor and charged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. He had been in custody since 18 January 2026 and applied for bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of equal amount, deposit Rs. 25,000 with the Ramakrishna Mission Sevashrama, and attend the Mufassil Police Station every Sunday. The court clarified that its order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be accepted only after verification of the donation receipt.

Issues considered

Whether bail should be granted to the accused in offences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
Whether the conditions imposed (bond, charitable donation, weekly police attendance) are lawful and sufficient for bail.

Subjects

bail
prohibition law
excise
illicit liquor
conditions of bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20003 of 2026
                   Arising Out of PS. Case No.-1 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Ajay Sahani S/O Prahalad Sahani @ Pahalad Sahani Resident of village -
                 Katahan Loknathpur,P.S- Muffasil, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Abhishek Kumar, Advocate
                 For the State           :        Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Lakhaura P.S. Case No. 1 of 2025 registered for the offence

                   under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                 3. The recovery is of 60 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 18.01.2026.

                                  5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                  6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.20003 of 2026(2) dt.01-04-2026
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                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds 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, Motihari, East Champaran/

          concerned Court below in connection with Lakhaura P.S. Case

          No. 1 of 2025.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur, Bihar and produce the receipt of the same

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Mufassil Police Station, District-East Champaran on every

          Sunday of the month. Any default in appearance at the police

          station will result in cancellation of bail bonds of the petitioner.

                       10. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail
           Patna High Court CR. MISC. No.20003 of 2026(2) dt.01-04-2026
                                                       3/3




                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T

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