Patna High Court
Vinay Kant SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted, subject to conditions, as the procedural lapses and lack of direct possession did not outweigh the petitioner’s right to liberty.
Summary
The petitioner, Vinay Kant Sahani, sought regular bail in a case alleging violation of sections 317(5) of the B.N.S. and 30(a) of the Bihar Prohibition and Excise Act, where 395 litres of illicit liquor were seized from a motorcycle. The prosecution argued that the liquor was recovered in connection with the petitioner, whose name was linked through confessional statements of co‑accused, although nothing was found in his conscious possession. The petitioner claimed innocence, contended that the police failed to comply with mandatory provisions of Section 105 of the B.N.S. during seizure, and highlighted his prior criminal antecedents and ongoing judicial custody since 19‑01‑2026. The State opposed bail. The court, after considering the circumstances, granted bail on the condition that the petitioner not commit similar offences, requiring a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in illicit liquor seizure.
- Whether non‑compliance with Section 105 of the B.N.S. by police affects the bail application.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) — s. 105, 317(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- seizure
- Section 105
- Bihar Prohibition and Excise Act
- regular bail
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30152 of 2026
Arising Out of PS. Case No.-113 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Vinay Kant Sahani S/O Kishori Sahani R/O Village- Mehwa, P.S.- Sugauli,
Distt.- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 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 sections 317(5)
B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that
altogether 395 litres of country-made liquor were recovered
from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
three persons were apprehended at the place of occurrence,
Patna High Court CR. MISC. No.30152 of 2026(2) dt.07-05-2026
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whereas it is alleged that the petitioner fled away from the spot.
It is further submitted that the name of the petitioner has
transpired on the basis of the confessional statement of the co-
accused persons. Learned counsel further submits that nothing
has been recovered from the conscious possession of the
petitioner and the seizure witnesses are police personnel. It is
also submitted that the police did not comply with the
mandatory provisions of Section 105 of the BNSS while
effecting the seizure. The petitioner is stated to have criminal
antecedents in three cases. Moreover, the petitioner is
languishing in judicial custody since19.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the prayer for bail of the petitioner is allowed with
the condition that he shall not indulge himself in offences of
similar nature in future.
7. Considering the aforesaid 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 Sugauli P.S. Case No.113 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 Exclusive Special
Patna High Court CR. MISC. No.30152 of 2026(2) dt.07-05-2026
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Excise Judge Court No. 1, Civil court, East Champaran,
Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
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