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Patna High Court

Amiri SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs. 10,000, two sureties, and specified conditions.

Summary

Amiri Sahani was arrested on 18 February 2026 for allegedly transporting 110 litres of country‑made liquor on a bicycle, contravening Section 30(a) of the Bihar Prohibition and Excise Act. The police seized the liquor from the bicycle, and the seizure list was prepared by Bihar Home Guard personnel, which the petitioner’s counsel argued violated mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The petitioner sought bail, contending that the liquor was not found in his conscious possession and that procedural lapses existed. The State opposed bail, noting two other pending cases against the petitioner, though he was already on bail in those matters. The Court, after considering the facts and the alleged procedural deficiencies, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged procedural lapses in the seizure.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, by the seizure witnesses, warrants denial of bail.
  • Whether the petitioner’s antecedent criminal cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • excise law
  • seizure procedure
  • BNSS 2023
  • Home Guard
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30730 of 2026
                   Arising Out of PS. Case No.-70 Year-2026 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Amiri Sahani Son of Late Hiralal Sahani Resident of village Mehwa Ward
                 No. 13, P.S.- Sugauli, District - East Champaran, Motihari.
                                                                                 ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                        Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner and Mr. Yogendra Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   18.02.2026 in connection with Sugauli P.S. Case No. 70 of 2026

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                               3. The case of the prosecution, in brief, is that on

                   17.2.26 at about 6.10 A.M. during police patrolling and action

                   against illegal liquor activities at about 12.10 P.M. near the

                   Lalmani Chowk, they receive d secret information that a persons

                   carrying liquor on a bicycle would passing through Sugauli

                   Canal towards the village at the verifying he information police

                   reached the canal area and waited at ab out 12.50 P.M. one

                   persons was seen coming on a bicycle with bags, on seeing the

                   police he tried to flee but was chase and caught and name is

                   Amiri Sahani on searching he Bicycle and as police recovered
Patna High Court CR. MISC. No.30730 of 2026(2) dt.06-05-2026
                                            2/3




          110: liters of country made liquor packed in plastic containers

          after that police prepared the seizure list.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR that nothing has been recovered from the

          conscious possession of the petitioner rather the recovery has

          been made from the bicycle in question and altogether 110 liters

          of country-made liquor was recovered. It is next submitted that

          from perusal of the seizure list it appears that the seizure list

          witnesses are Bihar Home Guard personnel so there is non-

          compliance of mandatory provisions of Sections 103 and 105 of

          BNSS, 2023 and petitioner is in custody since 18.02.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of two more cases other

          than the present case but fairly submits that the petitioner is on

          bail in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Judge Court No. 1, Civil Court, East Champaran,

          Motihari in connection with Sugauli P.S. Case No. 70 of 2026,
           Patna High Court CR. MISC. No.30730 of 2026(2) dt.06-05-2026
                                                       3/3




                     subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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