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Patna High Court

Chandrama @ Chandradeo SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond and specific conditions.

Summary

Chandrama Sahni was arrested on 8 January 2026 in connection with a case involving the seizure of 125 litres of country‑made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner argued that the FIR only indicated his presence at the scene and his flight, with no further material linking him to the contraband. The State opposed bail, citing his flight and the existence of another pending case, though he was already on bail in that matter. The Court examined the lack of substantive evidence beyond his presence and flight, and considered the bail provisions, ultimately granting bail on a bond of Rs.10,000 with two sureties and imposing conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order directed the petitioner to appear before the trial court and stipulated cancellation of bail for non‑compliance.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given his alleged flight from the scene?
  • Whether the existence of another pending case, albeit with bail already granted, should preclude bail in the present matter?

Subjects

  • bail
  • Bihar Prohibition and Excise Amendment Act
  • illegal liquor
  • flight from scene
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21302 of 2026
                         Arising Out of PS. Case No.-259 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Chandrama @ Chandradeo Sahni Son of Pramod Sahni Resident of Thahara
                 Thakurbadi, P.S.- Maker, District- Saran at Chapra

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

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

2   31-03-2026                  Heard Mr.Ajay Kumar Sharma, learned counsel for

                   the petitioner and Mr.Sanjay Kumar Sharma, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   08.01.2026 in connection with Maker P.S. Case No. 259 of

                   2025, F.I.R. dated 29.10.2025 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                3. Recovery is of 125 liters of country made liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that from a bare perusal of the FIR it appears the

                   altogether 125 liters of country made liquor was recovered from

                   the place of occurrence at Thahara Thakurbadi near Bank of

                   Gandak River and local Chaukidar has disclosed that the
Patna High Court CR. MISC. No.21302 of 2026(2) dt.31-03-2026
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          petitioner was present at the place of occurrence and he has fled

          away from the place of occurrence. Learned counsel for the

          petitioner submits that except the aforesaid, no other cogent

          material has come during investigation against the petitioner to

          suggest the involvement of the petitioner in the present

          occurrence and the petitioner is in custody since 08.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner has fled

          away from the place of occurrence, apart from that, the

          petitioner carries one more case other than the present one but

          he fairly submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, 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 learned Addl. Sessions Judge-cum-

          Presiding Officer Exclusive Special Excise Court No.3, Saran at

          Chapra in connection with Maker P.S. Case No. 259 of 2025,

          with 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

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.21302 of 2026(2) dt.31-03-2026
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                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her 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)
Nitesh/-

U          T


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