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Patna High Court

Akhilesh Kumar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Akhilesh Kumar Sahni, a driver, was arrested for alleged possession of 400 litres of spirit in his tempo, alleged to be an offence under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the consignment, that nothing was recovered from his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed his bail, arguing the seriousness of the offence. After hearing both sides, the Patna High Court considered the lack of criminal antecedents, the petitioner’s claim of innocence, and procedural lapses, and decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Court.

Issues considered

  • Whether bail should be granted to a person accused under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.
  • Whether the alleged procedural irregularity (non‑compliance with Section 105 of the BNSS) affects the bail decision.
  • Whether the petitioner, as a driver with no knowledge of the contraband, poses a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • excise law
  • possession of illicit liquor
  • procedural lapse
  • Bihar Prohibition and Excise Act
  • driver liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29213 of 2026
                       Arising Out of PS. Case No.-1661 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Akhilesh Kumar Sahni Son of Ram Ishwar Sahni Resident of Village -
                 Mashrakh Dakshin Tola, P.S.- Mashrakh, District - Chapra at Saran.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Alok Kumar Alok, Advocate.
                 For the Opposite Party/s :         Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   22-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail registered for the

                   offence punishable under Sections 30(a), 41 and 56(b) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from

                   the tempo of this petitioner, altogether 400 liters of spirit was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are

                   police personnel and the police has not complied with Section
           Patna High Court CR. MISC. No.29213 of 2026(3) dt.22-06-2026
                                                       2/2




                     105 of the BNSS while making the seizure. He further submits

                     that the petitioner is merely a driver of the said tempo and he

                     was having no knowledge regarding the said consignment being

                     kept in his tempo. Moreover, a statement has been made in para

                     3 of the petition that petitioner has no criminal antecedent and

                     he is languishing in judicial custody since 16.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Special

                     Excise Court No.III, Patna in connection with Excise P.S. Case

                     No. 1661 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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