Patna High Court
Chandra Prakash SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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