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Patna High Court

Nandu SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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