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Patna High Court

RAJESH SAHNIversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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
                                                       2/2




                     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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