Patna High Court
Umesh Sahani @ Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond of Rs.5,000 with two sureties.
Summary
The petitioner, Umesh Sahani, was charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2025 for allegedly possessing 250 litres of liquor recovered from a motorcycle and a nearby sack. He contended that he was not arrested at the scene, the liquor was not in his conscious possession, he did not own the vehicle, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. He had been in custody since 7 March 2026 and argued that he would not abscond and would cooperate with the trial if released on bail. The State opposed the bail application. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the petitioner under the provisions applicable to offences under the Bihar Prohibition and Excise (Amendment) Act, 2025.
Subjects
- bail
- prohibition act
- excise law
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28269 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Umesh Sahani @ Umesh Kumar Son of Late Bijli Sahani R/o - Sandalpur
Pachiyor, P.S.- Bahadurpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act, 2025.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 250 litres of liquor from a
motorcycle and sack kept nearby. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and even alleged recovery is from a place
which does not belong to the petitioner and he came to be
implicated at the instance of local person but then the name of
Patna High Court CR. MISC. No.28269 of 2026(2) dt.24-04-2026
2/2
the person who disclosed the name of the petitioner is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is next submitted that petitioner is in custody
since 07.03.2026. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Bahadurpur P.S. Case No.410/2025.
(Satyavrat Verma, J)
amit/-
U T
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