Patna High Court
Sikandar Sahani @ Sikki SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, Sikandar Sahani and Lakhan Jaiswal, sought bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 313.845 litres of illicit liquor was seized from co‑accused Bikhar Mahato. They contended that they were not present at the scene, had no possession of the liquor, and possessed no criminal antecedent, offering to cooperate with the investigation. The State opposed the bail application. The Court, after considering the clean antecedents and the circumstances, ordered that the petitioners be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- prohibition act
- excise
- illicit liquor
- Section 30
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26045 of 2026
Arising Out of PS. Case No.-827 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Sikandar Sahani @ Sikki Sahani Son of Nagendra @ Rajendra Sahani @
Nagendra Sahani Resident Of Village- Madhubani Ghat Ps -Muffasil District
-East Champaran
2. Lakhan Jaiswal @ Sanjeet Kumar Son of Shambhu jaiswal Resident Of
Village- Madhubani Ghat Ps -Muffasil District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 313.845 liters illicit
liquor was recovered from Gowas of co-accused Bikhar
Mahato.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners are innocent and have falsely
been implicated in the present case merely on suspicion. Further
submission is that petitioners were not present on the spot and
Patna High Court CR. MISC. No.26045 of 2026(2) dt.22-04-2026
2/2
nothing has been recovered from the conscious possession of
the petitioners. Petitioners have no concern with the seized
liquor. Petitioners have got no criminal antecedent and they
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and
clean antecedent of the petitioners, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
from today, on furnishing bail bonds of Rs. 10,000 (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Special Judge, Excise Court No. 1,
Motihari, East Champaran in connection with Muffasil P.S. Case
No. 827 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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