Patna High Court
Dinesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond and conditions.
Summary
The petitioner, Dinesh Sahani, was arrested on 13 February 2026 in connection with a case involving the alleged possession of 108 litres of Nepali Kasturi liquor recovered from a Toto‑e‑rickshaw, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that the liquor was not in his conscious possession and that the seizure violated Sections 103 and 105 of the Bihar Narcotic and Substance Seizure Act, 2023. The State opposed bail, noting the petitioner’s involvement in the current offence and another pending case, though he was already on bail in the latter. The Court examined the procedural deficiencies alleged and the relevance of the petitioner’s prior case, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay pending verification.
Issues considered
- Whether bail should be granted when the seized liquor was not in the petitioner’s conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure Act, 2023, warrants denial of bail.
- Whether the petitioner’s other pending case affects the grant of bail in the present matter.
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural compliance
- Nepali Kasturi liquor
- Toto‑e‑rickshaw
- Bihar
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30766 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- CHIRAIYA District- East Champaran
======================================================
Dinesh Sahani S/o Late Prabhu Sahani Resident of Village - Mahuawa, P.S -
Chiraiya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr.Sanjay Kumar Tiwari, learned counsel for
the petitioner and Mr.Awadhesh Kumar Singh, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
13.02.2026 in connection with Chiraiya P.S. Case No. 90 of
2026, F.I.R. dated 12.02.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Recovery is of 108 liters of Nepali Kasturi liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the Toto-
e-rickshaw in question and altogether 108 liters of Nepali
Patna High Court CR. MISC. No.30766 of 2026(2) dt.06-05-2026
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Kasturi liquor was recovered from Toto-e-rickshaw in question.
It appears from the seizure list that the seizure list witnesses are
police personnel so there is non-compliance of Sections 103 and
105 of B.N.S.S., 2023 and the petitioner is in custody since
13.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended alongwith the illicit liquor, apart from that, the
petitioner carries one more case other than the present one but
he fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned Exclusive Special Excise
Court No. 1, Civil Court, East Champaran, Mothihari in
connection with Chiraiya P.S. Case No. 90 of 2026, with 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/her absence on two consecutive dates without sufficient
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reason, his/her 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)
Nitesh/-
U T
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