Patna High Court

Rajesh SahniversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rajesh Sahni, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act after 169.75 litres of illicit foreign liquor was seized from a vehicle. He contended that he was falsely implicated, that the vehicle was driven by another individual, Siddhant Kumar, and that no liquor was recovered from his possession. He also argued that the police failed to comply with Section 105 of the B.N.S.S. during the seizure and pointed to the bail granted to the co‑accused in a related case. The State opposed bail, highlighting the petitioner’s seven prior similar offences. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties and imposed conditions restricting future involvement in similar offences.

Issues considered

Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

B.N.S.S. — s. 105

Subjects

bail
prohibition law
excise
illicit liquor
procedural lapse
prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26888 of 2026
                   Arising Out of PS. Case No.-151 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Rajesh Sahni S/o Chunni Lal Sahni R/o Village - Balua Goushnagar, P.S -
                 Mahindwara, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section Section 30

                   (a) of the Bihar Prohibition and Excise Amendment Act.

                                3. The case of the prosecution, in short is that from a

                   vehicle, altogether 169.75 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Learned counsel for the

                   petitioner has submitted that the alleged vehicle was driven by

                   one Siddhant Kumar and he has named this petitioner. Nothing

                   has been recovered from the possession of this petitioner. He has
Patna High Court CR. MISC. No.26888 of 2026(2) dt.23-04-2026
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          no concern with the alleged liquor or vehicle. It has further been

          submitted that the witnesses of the seizure list are police

          personnel. Police has not complied Section 105 of the B.N.S.S.

          while making the seizure. It ahs further been submitted that co-

          accused Siddhant Kumar has been granted bail by learned co-

          ordinate Bench of this Court vide Cr. Misc. No. 77719 of 2025.

          Moreover, petitioner is languishing in judicial custody since

          23.03.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having criminal antecedent of seven

          cases of similar nature.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Mahindwara P.S. Case No. 151 of 2025 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Excise Judge-I, Sitamarhi with the following conditions:-

                       (i) The petitioner shall not indulge himself in

          similar nature of the offences in future and shall cooperate
             Patna High Court CR. MISC. No.26888 of 2026(2) dt.23-04-2026
                                                         3/3




                       in the trial.

                                    (ii) One of the bailors shall be family member of

                       the petitioner.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T

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