Patna High Court
Gulab Sahani @ Gulab Sahni @ Gulab MallhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Gulab Sahani, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 15 litres of illicit country-made liquor. He contended that the seizure was illegal, alleging that the police failed to comply with Section 105 of the BNSS and that nothing was actually recovered from his possession. The petitioner also highlighted that he had been in judicial custody since 5 April 2026 and claimed he was falsely implicated. The State opposed bail, pointing to a prior criminal antecedent of the petitioner. After hearing both sides, the Court held that bail should be granted, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Judge, Saran.
Issues considered
- Whether bail is warranted in a case under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28143 of 2026
Arising Out of PS. Case No.-187 Year-2026 Thana- MANJHI District- Saran
======================================================
Gulab Sahani @ Gulab Sahni @ Gulab Mallha S/o Late Madan Sahani @
Madan Mallah R/o - Mathanpura, Vill. - Mahmmadpur, P.S - Manjhi, District
- Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
Mr. Gaurav Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Manjhi P.S. Case No. 187 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner, altogether 15 liters of illicit
countrymade liquor were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.28143 of 2026(2) dt.04-05-2026
2/2
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the petitioner is languishing in judicial custody since
05.04.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Court
of 2nd Exclusive Special Excise Judge, Saran at Chapra in
connection with Manjhi P.S. Case No. 187 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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