Patna High Court

Dashrath SahniversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to bond, sureties, verification of antecedent, and monthly police attendance.

Summary

The petitioner, Dashrath Sahni, was arrested for possession of 10.44 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed a clean antecedent and asserted that he was falsely implicated. The State opposed his bail application. The High Court, after considering the facts and the petitioner's clean record, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his antecedent and monthly police attendance. The court clarified that the order is limited to the bail application and does not prejudice the trial. The bail bonds may be cancelled if the petitioner fails to appear as directed.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s clean antecedent.

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)

Subjects

bail
excise
illicit liquor
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25131 of 2026
                        Arising Out of PS. Case No.-52 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Dashrath Sahni Son of Sukan Sahni Resident of Village- Jugauliya (Rupani),
                 P.O.- Rupani, P.S.- Madhuban, District- East Champaran at Motihari (Bihar)
                 845420

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Jeetendra Narayan
                 For the Opposite Party/s :         Mr.Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Thana (Saran @ Sadar Excise P.S. Case No. 52 of 2026

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of

                   10.44 litres of illicit liquor from the possession of the petitioner

                   who claims clean antecedent.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   24.02.2026 having clean antecedent.
Patna High Court CR. MISC. No.25131 of 2026(2) dt.16-04-2026
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                       5. Learned APP appearing for the State opposes the

          prayer for bail of the petitioners.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioners, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Additional

          Sessions Judge-cum-Presiding Officr, Exclusive Special Court

          Excise Court No.-3, Saran at Chapra /concerned Court below in

          connection with Excise Thana (Saran) @ Sadar Excise P.S. Case

          No. 52 of 2026.

                       7. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.

                       8. As a condition of this order, the petitioner after

          being released on bail is directed to mark their attendance at

          Madhuban P.S., East Chamapran at Motihari on first Sunday of

          each month. Any default in appearance at the police station will

          result in cancellation of bail bonds of the petitioner.

                       9. It is, however, clarified that the observations made
            Patna High Court CR. MISC. No.25131 of 2026(2) dt.16-04-2026
                                                        3/3




                      herein are limited to the adjudication of the present bail

                      application and shall not prejudice the case of the petitioners at

                      any subsequent stage of the trial and this Court has not express

                      any opinion on the merits of the case.



                                                                     (Sandeep Kumar, J)
sanjeev/-

U       T

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