Patna High Court
Nandu SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners upon furnishing a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Nandu Sahni and Raj Shekhar, owners of two motorcycles, were arrested in connection with the seizure of 144 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that no liquor was found in their possession, that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure, and that they had been in judicial custody since 7 February 2026. The State opposed bail, citing each petitioner's prior criminal case. After hearing both sides, the High Court held that the procedural lapse and lack of direct possession warranted bail, subject to a bond of Rs 10,000 and two sureties per petitioner. Consequently, the petitioners were released on bail pending further trial.
Issues considered
- Whether bail should be granted to the owners of vehicles from which illicit liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure affects the grant of bail.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- bail
- illicit liquor
- excise law
- Section 30(a)
- procedural lapse
- criminal antecedent
- Bihar Prohibition and Excise Act
- seizure
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20723 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
1. Nandu Sahni S/o Laxman Sahni R/o Rupoli, Ward No. 08, P.S.- Bisfi,
District- Madhubani, State- Bihar
2. Raj Shekhar S/o Vijay Paswan R/o Ganguli, Ward No. 05, P.S.- Benipatti,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubham Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Benipatti Excise P.S. Case No.34 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
two bikes altogether 144 liters illicit liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from
the possession of these petitioners. They are merely the owner
of the bikes. It has further been submitted that the witnesses of
Patna High Court CR. MISC. No.20723 of 2026(2) dt.01-04-2026
2/2
the seizure list are police personnel and police has not complied
Section 105 of the BNSS while making seizure. Learned
counsel for the petitioners has further submitted that the
petitioners are in judicial custody since 07.02.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioners are
having criminal antecedent of one case each.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned Exclusive Special Judge, Excise court, Madhubani in
connection with Benipatti Excise P.S. Case No.34 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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