Patna High Court
Bharat SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Bharat Sahani was arrested in connection with a case (PS No. 597 of 2025) alleging violation of Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 400 litres of liquor were recovered from a mango orchard. The petitioner contended that he was falsely implicated, no liquor was found in his possession, he had no prior criminal record, and the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating evidence against the petitioner, his short period of custody since 28‑11‑2025, and the procedural lapse, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the petitioner was falsely implicated and lacks incriminating material.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3197 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Bharat Sahani Son of Mukhlal Sahani Resident of village - Rulahi Bazar, Ps-
Muffasil, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Muffasil
P.S. Case No. 597 of 2025 instituted for the offences punishable
under Sections 30(a), 41(1) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 400 litres
of liquor has been recovered from mango orchard.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.3197 of 2026(2) dt.20-01-2026
2/2
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 28.11.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil P.S. Case
No. 597 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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