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Patna High Court

Khedu SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner.

Summary

The petitioner, Khedu Sahani, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 164 litres of country-made liquor. He claimed innocence, stating that no incriminating material was found in his possession and that he had no link to the recovered liquor or the place of recovery. The petitioner had been in custody since 14‑10‑2025 and had no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of evidence against the petitioner and the length of his custody, decided to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2257 of 2026
                  Arising Out of PS. Case No.-434 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Khedu Sahani Son of Late Mahadeo Sahani R/o Village - Lalbegiya, P.S. -
                 Chiraiya, Dist. - East Chamaparan, Motihari.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhandev Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chiraiya P.S. Case No. 434 of 2025, instituted for the offences

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

                   Excise Act.

                                3. The prosecution case, in short, is that 164 liters of

                   country made liquor was recovered from shop.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Petitioner has no

                   concern with the alleged place of recovery of liquor. The
           Patna High Court CR. MISC. No.2257 of 2026(2) dt.19-01-2026
                                                       2/2




                     petitioner is in custody since 14.10.2025 and has got no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Chiraiya P.S. Case

                     No. 434 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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