Patna High Court
Rahul SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on condition of a Rs. 500 bond and two sureties.
Summary
Rahul Sahani was arrested in connection with the alleged recovery of 240 litres of liquor from a public place near a river, under Section 30(a) of the Bihar Excise Act. The petitioner, who has six prior excise cases, argued that he was not apprehended at the spot, had no conscious possession of the liquor, and was implicated by a hostile chowkidar, raising doubts about the prosecution's case. He had been in custody since 5 January 2026 and sought bail, assuring the court of his cooperation and that he would not abscond. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior record. The court, after considering the submissions, concluded that the circumstances did not warrant continued detention and ordered his release on bail upon furnishing a bond of Rs. 500 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act considering the alleged facts and his prior excise cases.
Subjects
- bail
- excise law
- Section 30(a)
- criminal procedure
- prior convictions
- police investigation
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23176 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Rahul Sahani Son of Sipahi Sahani Resident of Village- Damobriti, P.S.-
Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 240 liters of liquor from an open
place near a river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that if Chowkidar was aware of the
Patna High Court CR. MISC. No.23176 of 2026(2) dt.18-04-2026
2/2
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is also submitted that petitioner is in custody
since 05.01.2026 and if privilege of bail is granted, the
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Harsidhi
P.S. Case No. 203 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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