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Patna High Court

Dinesh Sahani @ Dinesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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