Patna High Court
Matlu SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, finding that the seizure was procedurally defective and that they were not in actual possession of the liquor.
Summary
The petitioners, Matlu Sahni, Mahesh Mahto and Sulo Sahni, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged possession of 20 litres of country-made liquor and 300 kg of Jawa Mahua liquor seized from a riverbank. The prosecution argued that the liquor was recovered in the course of an excise raid, while the defence contended that the seizure was made from an open place, that the petitioners were not in actual possession of the liquor, and that the police failed to comply with Section 105 of the BNSS during the seizure. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 1 March 2026. The State opposed the bail application. After hearing both sides, the Court found the arguments on lack of possession and procedural lapses persuasive and ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act to the alleged seizure?
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioners were in actual possession of the seized liquor.
- Whether the petitioners are entitled to bail given their lack of criminal antecedent and period of judicial custody.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- illegal liquor
- seizure procedure
- Section 105
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24775 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
1. Matlu Sahni Son of Late Bajo Sahni Resident of Village- Pali P S. -Birupur
District -Lakhisarai
2. Mahesh Mahto Son of Laxman Mahto Resident of Village- Pali P S.
-Birupur District -Lakhisarai
3. Sulo Sahni Son of Late Mangal Sahani Resident of Village- Pali P S.
-Birupur District -Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Barahiya Excise P.S. Case No.12 C2 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that on the
bank of a river altogether 20 liters of country made liquor and
300 kg of Jawa mahua liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that the recovery has been made from
an open place. As per FIR, the petitioners were sent their in
suspicious condition. Learned counsel for the petitioners has
Patna High Court CR. MISC. No.24775 of 2026(2) dt.16-04-2026
2/2
further submitted that no recovery has been made from the
possession of these petitioners. Learned counsel has further
submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS while making seizure. It has further been submitted that
the petitioners have got no criminal antecedent and they are in
judicial custody since 01.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned District and Additional Sessions Judge-VII-cum-
Exclusive Special Excise Court-II, Lakhisarai in connection
with Barahiya Excise P.S. Case No.12 C2 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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