Patna High Court
Baharan Sahni @ Baharan SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners with conditions.
Summary
The petitioners, Baharan Sahni and Ram Sarikhan Sahui, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the sale of illicit liquor. The prosecution’s case was based on a raid that recovered 40 litres of country‑made liquor, but the recovered material was not linked to the petitioners, and the primary accused, Sanjay Manjhi, escaped. The petitioners contended they were falsely implicated, had no role in the offence, and possessed clean antecedents, having been in custody since 27‑02‑2026. The State opposed bail. Considering the lack of incriminating evidence against the petitioners and the length of their custody, the Court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the Bihar Negotiable Securities Act.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of any material recovered from them.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 480(3)
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25601 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- PARSA District- Saran
======================================================
1. Baharan Sahni @ Baharan Sahani S/o Late Bahadur Sahni R/o Village -
Dighra, P.S - Parsa, District - Saran
2. Ram Sarikhan Sahui @ Ramsarikhan Sahani S/o Late Ram Bharosa Sahni
R/o Village - Dighra, P.S - Parsa, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Parsa P.S. Case No. 98 of 2026 registered for
the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, during patrolling secret
information was received by the informant about co-accused
Sanjay Manjhi selling illicit liquor with the help of his
associates. A raid was conducted at the identified place and
petitioners and co-accused were apprehended and co-accused
Sanjay Manjhi fled away from the spot. From the spot, recovery
Patna High Court CR. MISC. No.25601 of 2026(2) dt.17-04-2026
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of 40 litres of country made liquor was made.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case and there is no role in the whole occurrence. The
allegation was made against co-accused Sanjay Manjhi who was
selling liquor but he was not apprehended. Nothing
incriminating has been recovered from the person or possession
of the petitioners and the place from which the recovery was
made is accessible to all and it is specific against the co-
accused. The petitioners have no concern with the said recovery
and the recovered article. The petitioners are having clean
antecedent and they are in custody since 27.02.2026.
05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioners and
also considering the period of custody of the petitioners, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
learned 3rd Exclusive Special Excise Judge, Saran at
Patna High Court CR. MISC. No.25601 of 2026(2) dt.17-04-2026
3/3
Chapra/concerned Court in connection with Parsa P.S. Case No.
98 of 2026, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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