Patna High Court
Ramayan sahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the prosecution had not established a direct link between the petitioner and the alleged contravention and the petitioner was willing to abide by the stipulated conditions.
Summary
Ramayan Sahani was arrested on 17 January 2026 in connection with a case involving the alleged recovery of 100 litres of country‑made liquor from a motorcycle. He was charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioner contended that he was falsely implicated, not the owner of the motorcycle, and that the only basis for his arrest was a local watchman’s statement, with no further incriminating evidence. The State opposed bail, noting five other pending cases against the petitioner, though he was already on bail in those matters. The Court, after considering the lack of direct evidence and the petitioner’s willingness to comply with conditions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition & Excise Amendment Act.
- Whether the existence of other pending criminal cases against the petitioner precludes the grant of bail in the present case.
- The adequacy of the seizure of liquor from a motorcycle not owned by the petitioner as a basis for denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- criminal procedure
- seizure
- motorcycle
- pending cases
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30807 of 2026
Arising Out of PS. Case No.-564 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Ramayan sahani son of Late Binda sahani Resident of Village- Bherihari Ps
-sugauli District- East Champaran Bihar
... ... 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 : Mrs. Pronoti 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 Mrs. Pronoti Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
17.01.2026, in connection with Banjariya P.S. Case No. 564 of
2025, F.I.R. dated 05.11.2025 registered for the offences
punishable under Sections 274, 275 of the B.N.S. and Section
30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.
3. Recovery is of 100 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent 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 recovery has been made from the
motorcycle in question and petitioner is not the owner of the
motorcycle in question and he has no concern at all with the
Patna High Court CR. MISC. No.30807 of 2026(2) dt.06-05-2026
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alleged recovery of illicit liquor and the name of the petitioner
has been transpired on the basis of dicalosure made by local
choukidar and he has stated that the petitioner was escaped from
the place of occurrence. Learned counsel for the petitioner
further submits that except the aforesaid, nothing has come
during investigation to suggest the involvement of the petitioner
in the present occurrence. He further submits that the police
after investigation submitted chargesheet against the petitioner
and the petitioner is in custody since 17.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries five more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the
case, 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 Excise Court No. 1, Civil Court, East
Champaran, Motihari in connection with Banjariya P.S. Case
No. 564 of 2025, subject to the following conditions :-
Patna High Court CR. MISC. No.30807 of 2026(2) dt.06-05-2026
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(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//-
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