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Patna High Court

Pappu Sahani @ AppuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, Pappu Sahani and Dhanik Lal Sahani, were arrested in connection with the alleged recovery of 306 litres of liquor and a seized motorcycle under Section 30(a) of the Excise Act. They contended that they have no prior criminal record, were not arrested at the spot, did not have the liquor or vehicle in their conscious possession, and are not owners of the seized vehicle. The petitioners argued that the informant (a watchman) had an inimical relationship with them and failed to inform police earlier, casting doubt on the prosecution's case. The State opposed bail, but the court noted the petitioners' clean antecedents, lack of possession, and low risk of absconding. Consequently, the court ordered their release on bail upon furnishing a bail bond of Rs. 5,000 each with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Excise Act given the circumstances of the seizure and their personal antecedents

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • criminal procedure
  • possession
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21371 of 2026
                       Arising Out of PS. Case No.-142 Year-2025 Thana- BISFI District- Madhubani
                 ======================================================
           1.     Pappu Sahani @ Appu S/o Tribeni Sahni R/o Village - Ghatbhatra, P.S -
                  Bisfi, District - Madhubani
           2.    Dhanik Lal Sahani @ Dhanil Lal Sahani @ Dhaniya Sahni @ Dhuniya
                 Sahani @ Dhania S/o Sushil Sahani R/o Village - Ghatbhatra, P.S - Bisfi,
                 District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash
                 For the Opposite Party/s :       Ms.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and allegation

                   is of recovery of 306 litres of liquor from a place near an

                   orchard and a motorcycle was seized.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and are not the owner

                   of the seized vehicle and they came to be implicated at the
               Patna High Court CR. MISC. No.21371 of 2026(2) dt.18-04-2026
                                                           2/2




                         instance of Chaukidar with whom they are on an inimical term.

                         It is further submitted that if Chaukidar was aware of the

                         involvement of the petitioners in the occurrence, then why he

                         did not inform the police prior to institution of the present F.I.R.,

                         which casts an aspersion on the case of the prosecution. It is

                         also submitted that petitioners will not abscond rather will

                         cooperate in the trial to prove their innocence and petitioners are

                         in custody since 11.02.2026. It is also submitted that even

                         alleged recovery is from a place, which does not belong to the

                         petitioners.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, are

                         directed to be released on bail on their furnishing bail-bonds in

                         the sum of Rs. 5,000/- (Rupees Five Thousand) each with two

                         sureties of the like amount each to the satisfaction of learned

                         Court below where the case is pending in connection with Bisfi

                         P. S. Case No. 142 of 2025.

                                      7. The application stands allowed.,


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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