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Patna High Court

Umesh SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and sureties.

Summary

Umesh Sahani was arrested in connection with the alleged recovery of 290 litres of liquor and 8,000 litres of raw material from a kiln near a river, offences punishable under IPC sections 272, 273 and 34 and several provisions of the Bihar Excise Act. The petitioner argued that he was not caught in possession, the material was destroyed at the spot, and he was implicated by a hostile watchman, asserting he would not abscond and would cooperate with the trial. The State opposed bail, citing the seriousness of the offences. The Court considered the lack of possession, the petitioner’s custody since 29‑11‑2025, and the assurances given. It ordered the petitioner’s release on bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount, to be satisfied by the trial court.

Issues considered

  • Whether bail should be granted in offences under IPC sections 272, 273, 34 and the Bihar Excise Act given the facts of alleged liquor seizure and destruction.
  • Whether the petitioner is likely to abscond or tamper with evidence.
  • Whether the absence of possession at the time of arrest justifies bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Bihar Excise Act
  • liquor seizure
  • possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26334 of 2026
                 Arising Out of PS. Case No.-62 Year-2023 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Umesh Sahani S/o Dhruv Sahani Resident of Village- Jhakhiya, PS-
                 Banjariya, Distt.- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Ranjan
                 For the Opposite Party/s :      Mr. Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273 and 34 of the

                   Indian Penal Code read with Sections 30(a), 32, 34, 36, 41(1),

                   44 and 45 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 290 liters of liquor from a kiln near bank of a river

                   along with 8000 liters of raw material which was destroyed at

                   the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged
            Patna High Court CR. MISC. No.26334 of 2026(2) dt.24-04-2026
                                                        2/2




                      recovery is from a place which does not belong to the petitioner

                      and he came to be implicated at the instance of Chowkidar with

                      whom he is on an inimical term. It is also submitted that

                      petitioner is in custody since 29.11.2025 and if privilege of bail

                      is granted, the petitioner will not abscond rather will cooperate

                      in the trial to prove his innocence.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with

                      Turkauliya P.S. Case No. 62 of 2023.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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