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Patna High Court

Diplal SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants bail to the petitioner subject to specified conditions.

Summary

The petitioner, Diplal Sahni, was arrested on 11 March 2026 in connection with a case involving the seizure of 92.8 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed innocence, arguing that the liquor was recovered from a temple and not from his possession, and that he was implicated only on suspicion without any substantive evidence. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent of a similar nature, but acknowledged the petitioner was already on bail in a related matter. The court examined the lack of material evidence linking the petitioner to the seizure and considered the precedent of bail granted to a co-accused in a similar case. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of the case.
  • Whether the mere suspicion and lack of direct evidence linking the petitioner to the seized liquor justify denial of bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal antecedent
  • suspicion
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26553 of 2026
                 Arising Out of PS. Case No.-54 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Diplal Sahni S/o Mahatam Sahni R/o - Babu Vishunpur, P.S - Yadopur,
                 District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                       Heard Mr. Deepankar Raj, learned counsel for the

                   petitioner and Mr. Sanjay Kumar Sharma, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   11.03.2026 in connection with Vishambharpur P.S. Case No. 54

                   of 2024, F.I.R. dated 17.04.2024 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 92.800 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.26553 of 2026(2) dt.22-04-2026
                                            2/3




          been made from temple of Ramashankar Singh and the

          petitioner has been made accused merely on the basis of

          suspicion and except the suspicion, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence and similarly situated co-

          accused person, namely, Sugreev Sahani @ Gugriv Sahani has

          been granted the privilege of bail by the co-ordinate Bench of

          this Court vide order dated 21.08.2024 in Cr. Misc. No. 59730

          of 2024 and the petitioner is in custody since 11.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries one criminal antecedent other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned District &

          Additional Sessions Judge-IV-cum-Exclusive Special Excise

          Court-II, Gopalganj in connection with Vishambharpur P.S.

          Case No. 54 of 2024, subject to the following conditions:-
            Patna High Court CR. MISC. No.26553 of 2026(2) dt.22-04-2026
                                                        3/3




                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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