Patna High Court
SURENDRA SAHNIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Surendra Sahni, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 5 litres of illicit liquor were allegedly recovered from his house. He claimed innocence, arguing that the seizure was not made in compliance with Section 105 of the B.N.S.S. and that the seizure list was prepared by police personnel. The State opposed bail, highlighting six prior criminal cases, five of which were of a similar nature. After hearing both sides, the court considered the facts, the alleged procedural lapse in seizure, and the petitioner’s custodial status since 23‑11‑2025. The court granted bail on a bond of Rs.10,000 with two sureties, imposing a condition that the petitioner not commit similar offences in the future.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail application.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit liquor
- Section 30
- Bihar Prohibition and Excise Act
- prior criminal antecedent
- Section 105
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28229 of 2026
Arising Out of PS. Case No.-345 Year-2025 Thana- Excise P.S. District- Khagaria
======================================================
Surendra Sahni, S/O Narayan Sahani, R/o vill - Navtolia Mathurapur, ward
no. 15, P.S- Khagaria, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Jay, Advocate
For the Opposite Party/s : Mr.Yogendra 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 regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the house of the petitioner, altogether 5 liters of illicit 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. Nothing has been recovered
from his possession. 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.
Patna High Court CR. MISC. No.28229 of 2026(2) dt.04-05-2026
2/2
Petitioner is languishing in judicial custody since 23.11.2025.
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 six
cases out of which five are 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
Khagaria Excise P.S. Case No. 345 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 court of Special
Excise Judge-II, Khagaria with the condition that petitioner
shall not indulge himself in similar nature of offences in
future.
(Ashok Kumar Pandey, J)
lata/-
U T
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