Patna High Court
Bimlesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to strict conditions, as the allegations did not justify continued detention.
Summary
Bimlesh Sahni was arrested on 11 February 2026 in connection with a case involving the alleged illegal possession of 87 litres of country‑made liquor, alleged offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated, arguing that the liquor was recovered from a riverbank and not from his possession, and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing three prior criminal antecedents, though noting the petitioner was already on bail in other matters. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner violated any condition.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103/105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition and excise
- illegal liquor
- criminal antecedent
- BNSS 2023
- suspicion
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20915 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- SINGHWARA District- Darbhanga
======================================================
Bimlesh Sahni Son of Bhuneshwar Sahni R/O village - Sehra Tola @ Serha
Tol Manikaul, P.S.- Singhwara, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Kumari, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Ms. Jyoti Kumari, learned counsel for the
petitioner and Ms. Sucheta Yadav, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.02.2026 in connection with Singhwara P.S. Case No. 19 of
2026, F.I.R. dated 21.01.2026 for the offences punishable under
Sections 30(a) and 30(c) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 87 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of 87
Patna High Court CR. MISC. No.20915 of 2026(2) dt.30-03-2026
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liters of country made liquor as well as some apparatus have
been made from the bank of river at village Serhatol (Nadi Kat).
She further submits that the petitioner has been made accused
merely on the basis of suspicion and except the aforesaid, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. There is non-compliance of section 103/105 of the
BNSS, 2023. The petitioner is in custody since 11.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries three criminal antecedents
other than the present one but fairly submits that he is on bail in
all the pending matters.
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 Judge-II (Excise Act) Darbhanga in connection with
Singhwara P.S. Case No. 19 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.20915 of 2026(2) dt.30-03-2026
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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.
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)
Vanisha/-
U T
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