Patna High Court
Vicky SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Vicky Sahani, was arrested on 17 March 2026 in connection with a case alleging possession of 100 litres of illicit liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming innocence and asserting that he had been falsely implicated. The State opposed the bail, but the court considered the custody period, the nature of the offence, and the petitioner’s willingness to deposit a charitable sum of Rs.25,000. The court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to the deposit of the charitable amount and monthly attendance at the police station. The order expressly limited its observations to the bail application and clarified that they do not prejudice the trial on the merits.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28561 of 2026
Arising Out of PS. Case No.-198 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Vicky Sahani S/O Dashrath Sahani @ Dasrath Sahani R/O Hanuman Ghat,
P.S- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Alamganj P.S. Case No. 198 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 100 liters of illicit
liquor have been recovered from the spot. The petitioner is in
custody since 17.03.2026.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.28561 of 2026(2) dt.11-05-2026
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organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Alamganj P.S. Case
No. 198 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Ramakrishna
Avenue, Nala Road, Patna, Bihar and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Alamganj Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.28561 of 2026(2) dt.11-05-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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