Patna High Court
Chandra Kishore SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the seized liquor was not found in the petitioner's conscious possession and there was non‑compliance with statutory provisions, the court granted bail subject to conditions.
Summary
Petitioner Chandra Kishore Sahni was arrested on 22 February 2026 in connection with an excise case involving the seizure of 99 litres of Nepali liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act. He contended that the liquor was recovered from a motorcycle that he does not own and that nothing was found in his conscious possession, also asserting a clean antecedent and pointing to non‑compliance of Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The Court, after considering these facts, held that the lack of conscious possession and statutory non‑compliance warranted the grant of bail, subject to a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was issued by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of the case.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS, 2023 affects the grant of bail.
- Whether the fact that the seized liquor was not found in the petitioner's conscious possession justifies bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- seizure
- conscious possession
- Bihar Prohibition & Excise Act
- BNSS 2023
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23684 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Chandra Kishore Sahni Son of Late Mushar Sahni Resident of Village -
Parsouni, Police Station - Patauna, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the State : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Shailendra Kumar Jha, learned counsel
for the petitioner and Mrs. Shaheen Begum, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
22.02.2026, in connection with Benipatti Excise P.S. Case No.
47 of 2026 corresponding to G.O. No. 530 of 2026, F.I.R. dated
21.02.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 99 litres of Nepali country made
liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
Patna High Court CR. MISC. No.23684 of 2026(2) dt.08-04-2026
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been recovered from the conscious possession of the petitioner
rather recovery has been made from the motorcycle in question
and petitioner is not the owner of the motorcycle in question.
He further submits that from perusal of the seizure list it appears
that there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the petitioner is in custody since 22.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court, Madhubani in connection with Benipatti
Excise P.S. Case No. 47 of 2026 corresponding to G.O. NO. 530
of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.23684 of 2026(2) dt.08-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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