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Patna High Court

Sikandar Sahani @ Sikki SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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