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Patna High Court

Sanket sahani @ Saket Sahani @ Sanket KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U         T


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