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Patna High Court

Mithu SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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