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Patna High Court

Rambabu SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioners' regular bail application, subject to a bond of Rs 10,000 each, two sureties, a charitable donation of Rs 25,000 each, and monthly police‑station attendance.

Summary

The petitioners, Rambabu Sahani and Arvind Kumar Sahani, were arrested on 16‑02‑2026 in connection with the recovery of 192.540 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition & Excise Act. They applied for regular bail, claiming innocence and offering to donate Rs 25,000 each to a charitable institution without admitting guilt. The State opposed the bail. The Court, after considering the submissions, granted regular bail subject to a bond of Rs 10,000 each, two sureties of equal amount, a mandatory donation of Rs 25,000 each to the Ramakrishna Mission, and a requirement that each petitioner report to a designated police station every Sunday. The bail bonds would be accepted only after verification of the donation receipts, and any breach of conditions would lead to cancellation of bail. The Court clarified that its observations were prima facie and not a determination on the merits of the criminal case.

Issues considered

  • Whether regular bail can be granted in a case involving a large seizure of illicit liquor under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the conditions imposed by the Court, including a charitable donation and monthly police‑station attendance, are permissible under bail law.
  • Whether the bail bond and surety requirements satisfy the statutory requirements for granting bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • criminal procedure
  • bail conditions
  • charitable donation
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22008 of 2026
                     Arising Out of PS. Case No.-20 Year-2026 Thana- BAIRGACHHAI District- Araria
                 ======================================================
           1.     Rambabu Sahani S/O Mahesh sahani Resident of Village- Haripurhari, Ward
                  No. 09, P.S.- Kauti, District- Muzaffarpur.
           2.    Arvind Kumar Sahani Son of Phakira Sahani Resident of Village-
                 Gorigamadih, Ward No. 5, P.S.- Sariya, District- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar Rana
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Bairgachi P.S. Case No. 20 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, there is recovery of

                   192.540 liters of illicit liquor from the petitioners.

                                4. Learned counsel for the petitioners submits that

                   the petitioners are in custody since 16.02.2026, are quite

                   innocent and have falsely been implicated in the present case.

                   He further submits that the petitioners undertake to donate Rs.

                   25,000/- (Rs. Twenty Five Thousand) each in some charitable
Patna High Court CR. MISC. No.22008 of 2026(2) dt.08-04-2026
                                            2/3




          organization without accepting their guilt.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          and the submissions advanced on behalf of the parties, this

          application for regular bail is allowed.

                       7. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of     the     learned      Exclusive         Special       Judge     Excise-I,

          Araria/concerned Court below in connection with Bairgachi P.S.

          Case No. 20 of 2026 subject to condition that:-

                                               (I). The petitioners shall deposit an
                                   amount of Rs. 25,000/- (Rupees Twenty Five
                                   Thousand Only) each in Ramakrishna Mission
                                   Sevashrama, Swami Vivekananda Path, Bela,
                                   Muzaffarpur, Bihar and produce the receipt of
                                   the same before the Court below. The bail bonds
                                   of the petitioners shall be accepted only after
                                   verifying      the   genuineness    of     the   receipt
                                   produced by the petitioners.
                                               (ii). Petitioner No. 1 shall mark his
                                   attendance at Kanti Police Station on every
                                   Sunday of each month, and Petitioner No. 2
                                   shall mark his attendance at Sariya Police
                                   Station on every Sunday of each month. Failure
                                   to do so, will result in cancellation of bail
            Patna High Court CR. MISC. No.22008 of 2026(2) dt.08-04-2026
                                                        3/3




                                              bonds of the petitioners.
                                                           (iii). Both the bailors will be close
                                              blood relative of the petitioners.
                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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