Patna High Court
RAJESH SAHNIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Rajesh Sahni, was arrested in connection with an excise case (Case No. 2788 of 2025) for alleged possession of 50 litres of country-made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from an open public place. He also highlighted his lack of prior criminal record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the court found the petitioner’s claim credible and, noting the period of custody already served, decided to grant bail on condition of a cash bond and sureties.
Issues considered
- Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, given the circumstances of the case.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2761 of 2026
Arising Out of PS. Case No.-2788 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
RAJESH SAHNI S/O Sita Sahni Resident of village- Bardahan, P.S.-
Muffasil, District- East Champaran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 2788 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 50 liters
of country made liquor was recovered from plastic sac.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.2761 of 2026(2) dt.19-01-2026
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made from open place, which is accessible to public at large .
The petitioner is in custody since 16.12.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
2788 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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