Patna High Court
Amiri SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Non‑Statutory (BNSS) 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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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