Patna High Court
Guddu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to regular bail upon furnishing the prescribed bond and sureties.
Summary
Guddu Sahani applied for regular bail in a criminal miscellaneous case arising from an alleged offence under Section 30(a) of the Excise Act, involving the recovery of 300 litres of liquor and 800 litres of semi‑prepared liquor near a riverbank. The petitioner argued that he was not arrested at the spot, that nothing was recovered from his conscious possession, and that the place of alleged recovery is public land. The State opposed the bail application. The Court, after considering the submissions, found that the lack of possession and the circumstances did not justify denial of bail. Accordingly, the petitioner was ordered to be released on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Excise Act given the facts of alleged recovery and lack of conscious possession.
- Whether the circumstances of arrest away from the alleged site justify denial of bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- possession
- criminal procedure
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28834 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Guddu Sahani Son of Shiv Sahani Resident of village - Tikuliya, Ps- Muffasil,
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and is in custody since 26.01.2026 and allegation is of recovery
of 300 litres of liquor from a place near bank of a river along
with 800 litres of semi-prepared liquor which was destroyed at
the spot.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.28834 of 2026(2) dt.04-05-2026
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and is accessible to public at large and is in custody since
26.01.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (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 Chiraiya P. S. Case No.370 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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