Patna High Court
Dinesh Sahani @ Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court ordered the release of the petitioner on bail, subject to a bond and sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Dinesh Sahani, faced arrest in a case registered under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act after 30 litres of illicit liquor were recovered from an open area in his village. Villagers identified him as having fled the scene, but he contended that he was not present at the spot and had no possession of the liquor. He has a prior criminal antecedent for which he is currently on bail and expressed willingness to cooperate with the investigation. The State opposed his bail application, arguing the seriousness of the offence. The Court, after considering the lack of direct possession, the open‑place recovery, and the petitioner's cooperation, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite the recovery of illicit liquor and a prior criminal antecedent
- Whether the recovery of liquor from an open place without the petitioner's possession justifies denial of bail
- Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permit the Court to release the petitioner on bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 274, 275
Subjects
- bail
- illicit liquor
- excise law
- criminal procedure
- Section 482
- presumption of innocence
- open‑place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26060 of 2026
Arising Out of PS. Case No.-555 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Dinesh Sahani @ Dinesh Kumar Son of Yogendra Sahani @ Jigendra Sahani
Resident of Village - Khadwa, Mushar Toli, P.S.- Banjariya, District - East
Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case
registered under Sections 274, 275 of Bharatiya Nyaya Sanhita
and Sections 30(a) and 41 of Bihar Prohibition and Excise Act.
3. As per prosecution case, 30 liters illicit liquor,
kept in two gallons, was recovered from Khadwa Mushar Toli.
Local villagers disclosed the name of the petitioner that he fled
away from the spot after seeing the police personnel.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case only on suspicion. Further
submission is that petitioner was not present on the spot and he
Patna High Court CR. MISC. No.26060 of 2026(2) dt.22-04-2026
2/2
has no concern with the seized liquor. The recovery is made
from an open place easily accessible to one and all. Nothing has
been recovered from the conscious possession of the petitioner.
Petitioner has got one criminal antecedent, in which he is on bail
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties and
the fact that recovery is made from an open place, let the above
named petitioner be released on bail, in the event of arrest or
surrender before the Court concerned within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000
(Rupees Ten Thousand) 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 Banjariya
P.S. Case No. 555 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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