Patna High Court
Chandrama @ Chandradeo SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
2/3
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
3/3
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
Checking your session…