Patna High Court

Raja SahniversusThe State of Bihar

Decided: 12 May 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court held that the petitioner is entitled to bail as the recovery was irregular, the quantity minimal, and there were material inconsistencies in the prosecution case.

Summary

The petitioner, Raja Sahni, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged possession of 2.2 litres of liquor. He contended that the allegation was based solely on the suspicion of a co‑accused and that the liquor was recovered from an open backyard not under his exclusive control, with no independent witness or proper search‑seizure procedures. The petitioner highlighted that he had not been apprehended at the scene, had no recovery from his conscious possession, and was already on bail in four other cases, though one bail application was pending. The State opposed the bail, arguing the seriousness of the offence. Considering the procedural irregularities, the minimal quantity involved, and the fact that the liquor was seized from the co‑accused who was on bail, the Court granted regular bail on a bond of Rs.20,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
Whether procedural lapses in search and seizure justify the grant of bail.
Whether the quantity of liquor recovered and the circumstances of recovery affect bail eligibility.

Legislation cited

Bihar Prohibition and Excise (Amendment) Act — s. 30(a)

Subjects

bail
prohibition law
search and seizure
procedural lapse
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31997 of 2026
                         Arising Out of PS. Case No.-28 Year-2026 Thana- MAKER District- Saran
                 ======================================================
                 Raja Sahni, Son of Uma Sahni, Resident of village - Bariyarpur Baghakol,
                 P.S.- Maker, Dist.- Saran
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar, Adv.
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                   1. Heard the parties

                                2. The petitioner seeks regular bail in connection with

                   Maker P. S. Case No. 28 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case merely on the basis of suspicion and disclosure

                   allegedly made by the co-accused. It is submitted that the

                   petitioner was not apprehended from the place of occurrence

                   and no recovery has been made from his conscious possession.

                   Learned counsel further submits that the alleged recovery was

                   made from an open backyard field area which was not under the

                   exclusive possession of the petitioner. It is also submitted that

                   the quantity allegedly recovered is only 2.2 litres and there are
              Patna High Court CR. MISC. No.31997 of 2026(2) dt.12-05-2026
                                                          2/2




                        material inconsistencies in the prosecution case. Learned

                        counsel further submits that no independent witness supported

                        the seizure and mandatory legal procedures regarding search

                        and seizure were not properly complied with. Though the

                        petitioner has antecedent, he is already on bail in four cases and

                        one bail application is pending for consideration. The petitioner

                        is in custody since 09.03.2026.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with the fact that the alleged recovered

                        liquor being 2.2 litres was recovered from the possession of co-

                        accused Lallan Sahni, who is on bail, this court is inclined to

                        release the petitioner on bail, accordingly, let the petitioner

                        named-above be enlarged on bail in connection with Maker P.

                        S. Case No. 28 of 2026 on furnishing bail bond of Rs. 20,000/-

                        (Rupees Twenty Thousand) with two sureties of the like amount

                        each to the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T

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