Patna High Court
Sanket sahani @ Saket Sahani @ Sanket KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of material directly linking the accused to the seized liquor and with the charge‑sheet already filed, regular bail may be granted despite the seriousness of the offences.
Summary
Sanket Sahani was arrested in connection with the seizure of 100 litres of illegal liquor and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 25 March 2026 and a charge‑sheet had already been filed. The petitioner applied for regular bail, contending that no incriminating material was found on his person and that the liquor was recovered from an open area accessible to all. The State opposed the bail on the seriousness of the offences. The court, noting the lack of direct evidence linking the petitioner to the seized liquor, the filing of the charge‑sheet, and the period of custody, allowed the bail application. He was released on a bail bond of Rs 10,000 with two sureties, subject to satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether regular bail can be granted for offences under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the absence of incriminating material in the accused's possession warrants bail
- Whether the period of custody and the filing of a charge‑sheet affect the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illegal liquor
- excise law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30986 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Sanket sahani @ Saket Sahani @ Sanket Kumar son of Surendra Sahani @
Sudish Sahni Resident of village - Banparuwa, Ps- Kesariya, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Kesariya P. S. Case No. 30 of 2026 registered for the offences
punishable under Sections 274, 275 of the Bharatiya Nyaya
Sanhita and Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per prosecution case, 100 liters illegal liquor
was recovered from the bush.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Recovery has been made from an open
Patna High Court CR. MISC. No.30986 of 2026(2) dt.14-05-2026
2/2
place, accessible to one and all. Petitioner is in custody since
25.03.2026 and charge-sheet has already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, period of
custody and the fact that charge-sheet has been submitted, this
bail application is allowed. The petitioner, above named, is
directed to 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
Court No. 3, Civil Court, East Champaran, Motihari in
connection with Kesariya P. S. Case No. 30 of 2026.
(Prabhat Kumar Singh, J)
Navya/-
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