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Patna High Court

SURENDRA SAHNIversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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                       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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