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Patna High Court

Chandra Prakash SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the application for regular bail, subject to specified conditions.

Summary

The petitioners, Chandra Prakash Sahni and Vinod Sahani, were arrested in connection with the recovery of 117 litres of illicit foreign liquor and charged under Section 30(a) of the Bihar Prohibition & Excise Act. They had been in custody since 14 February 2026 and claimed innocence, offering to donate Rs. 25,000 each to a charitable organization without pleading guilty. The State opposed their bail application. The High Court, after considering the custody period, the petitioners' submissions, and the presence of a prior criminal antecedent for one petitioner, allowed regular bail. The court ordered a bail bond of Rs. 10,000 each with two sureties, required a Rs. 25,000 charitable deposit, and imposed attendance conditions at designated police stations. The order was made on a prima facie basis and does not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the petitioners' prior criminal antecedent and the nature of the offence justify denial of bail.
  • Whether the conditions imposed by the court are appropriate for securing the petitioners' appearance.

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • criminal antecedent
  • regular bail
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25117 of 2026
                        Arising Out of PS. Case No.-38 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
           1.     Chandra Prakash Sahni Son of Dashrath Malah @ Dasharath Sahani
                  Resident of Village- Chhotaki Fulwariya, P.S.- Manjhi, Dist.- Saran at
                  Chapra
           2.    Vinod Sahani @ Vinod Kumar Sahni Son of Rameshwar Sahni Resident of
                 Village- Bahadurpur, P.S.- Rewati, Dist.- Balia (U.P.)

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Chandra Mohan Jha
                 For the Opposite Party/s :         Ms. Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-04-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Sadar Excise P.S. Case No. 38 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition & Excise Act.

                                3. There is recovery of 117 liters of illicit foreign

                   liquor was recovered from the spot.

                                4. Learned counsel for the petitioners submits that

                   the petitioners are in custody since 14.02.2026, are quite

                   innocent and have falsely been implicated in the present case.

                   He further submits that the petitioners are ready to donate Rs.

                   25,000/- (Rs. Twenty Five Thousand) each in some charitable
Patna High Court CR. MISC. No.25117 of 2026(2) dt.16-04-2026
                                            2/3




          organization without accepting their guilt. Petitioner No. 1 has

          one criminal antecedent, whereas Petitioner No. 2 claims a clean

          antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          the period of custody and the submissions advanced on behalf of

          the parties, this application for regular bail is allowed.

                       7. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Court below where the case is pending/successor

          Court in connection with Excise Sadar (Saran) P.S. Case No. 38

          of 2026 subject to condition that:-

                                               (I). The petitioners shall deposit
                                  an amount of Rs. 25,000/- (Rupees Twenty
                                  Five Thousand Only) each in Ramakrishna
                                  Mission Ashrama, Latu Maharaj Path, Opp.
                                  Circuit House, Chapra, Bihar and produce
                                  the receipt of the same before the Court below.
                                  The bail bonds of the petitioners shall be
                                  accepted only after verifying the genuineness of
                                  the receipt produced by the petitioners.
                                               (ii) Petitioner No. 1 is directed to
                                  mark his attendance at Manjhi Police
            Patna High Court CR. MISC. No.25117 of 2026(2) dt.16-04-2026
                                                        3/3




                                              Station, Saran, on every Sunday of each
                                              month, and Petitioner No. 2 shall mark his
                                              attendance at Rewati Police Station, Ballia,
                                              Uttar Pradesh, on the 1st and 3rd Sundays of
                                              each month. Failure to do so will result in
                                              cancellation of the bail bonds of the
                                              petitioners.

                                                           (iii). Both the bailors will be close
                                              blood relative of the petitioners.



                                      8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.

                                      9. Let a copy of this order be communicated to the

                      Superintendent of Police, Ballia, Uttar Pradesh through FAX or

                      e-mail for immediate compliance.



                                                        T(Sandeep Kumar, J)
Shishir/-

U       T


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