Patna High Court
Umesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 272, 273, 34
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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