Patna High Court
Mithu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail, subject to bond and conditions, due to lack of direct possession and procedural lapses.
Summary
Mithu Sahni was arrested on 8 April 2026 in connection with the seizure of 205.710 litres of foreign liquor, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner argued that he has a clean antecedent, that the liquor was recovered near the house of a co‑accused and not from his conscious possession, and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The Court, noting the lack of direct possession, the procedural lapses, and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge (Excise‑02), Purnea.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under Sections 274, 275 of BNSS and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
- Whether the non‑compliance of Sections 103 and 105 of BNSS, 2023, in the seizure process warrants bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify release on bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275
Subjects
- bail
- foreign liquor seizure
- suspicion
- procedural non‑compliance
- Bihar Narcotic Substances Act
- Bihar Prohibition & Excise Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30794 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- Akbarpur District- Purnia
======================================================
Mithu Sahni son of Dilip Sahni Resident Of Village- Gulabbagh Sinhaghiya,
Ps -Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Bhola Prasad, learned counsel for the
petitioner and Mr. Md. Iftekhar Mahmood, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
08.04.2026, in connection with Akbarpur P.S. Case No. 47 of
2026, F.I.R. dated 08.04.2026 registered for the offences
punishable under Sections 274, 275 of the B.N.S. and Section
30(a) of the Bihar Prohibition & Excise Act, 2016.
3. Recovery is of 205.710 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.30794 of 2026(2) dt.06-05-2026
2/3
rather recovery has been made near the house of co-accused
person, namely, Ramrup Mandal and petitioner has been made
accused merely on the basis of suspicion and except the
suspicion, nothing has come during investigation to suggest the
involvement of the petitioner in the present occurrence. It
appears from the seizure list that the seizure list witnesses are
Hone Guard personnel so there is non-compliance of Sections
103 and 105 of BNSS, 2023 and the petitioner is in custody
since 08.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge (Excise-02),
Purnea in connection with Akbarpur P.S. Case No. 47 of 2026,
subject to the following conditions :-
Patna High Court CR. MISC. No.30794 of 2026(2) dt.06-05-2026
3/3
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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