Patna High Court
Pashupati Nath SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Pashupati Nath Sahani, a co‑driver of a truck, was arrested in connection with the seizure of 4,321.080 litres of illicit liquor and charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, nothing was recovered from his possession, and the police failed to comply with Section 105 of the BNSS while preparing the seizure list. He also highlighted his clean criminal record and that he had been in judicial custody since 16‑02‑2026. The State opposed the bail application. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No. II, Siwan.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police affects the bail consideration.
- Whether the petitioner’s role as a co‑driver and lack of knowledge of the illicit liquor negates criminal liability.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- co‑driver
- procedural compliance
- Section 105
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22649 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Pashupati Nath Sahani S/O Late Rajkishor Sahani R/O Village- Kerma Dih,
Ward No. 12, P.S- Kurhani, Dist.- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a) and
47 of Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck
container, altogether 4321.080 liters of illicit liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He is co-driver
of the said vehicle. He has no knowledge regarding the alleged
liquor. Police has not complied Section 105 of BNSS while
Patna High Court CR. MISC. No.22649 of 2026(2) dt.06-04-2026
2/2
preparing seizure list and the seizure list witnesses are police
personnel. A statement has been made in para-3 of this petition
that the petitioner has got no criminal antecedent. Moreover, he
is languishing in judicial custody since 16.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Siwan Excise P.S. Case No. 123 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. II, Siwan.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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