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Patna High Court

Raja SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is warranted where the accused was not apprehended at the spot of seizure and no material was recovered from his possession, and the charge‑sheet has been filed, subject to conditions under Section 480(3) of the BNSS.

Summary

Raja Sahni was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 after a raid recovered 160 litres of illicit country‑made liquor from the banks of the River Gandak. The petitioner claimed he was not apprehended at the spot, no liquor was found on his person or premises, and that he had been falsely implicated, although he has five prior cases of a similar nature. The State argued that he was a habitual offender and should be denied bail. The court noted that the recovery was made from an open place, the petitioner was not caught in possession of the contraband, a charge‑sheet had already been filed, and the period of custody was considerable. Applying Section 480(3) of the BNSS, the court held that bail could be granted subject to strict conditions, and ordered his release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • What is the appropriate bail disposition for an accused under Section 30(a) of the Bihar Prohibition & Excise Act when the seized contraband was not found in his possession?
  • Does the petitioner’s history of similar offences preclude the grant of bail?
  • How does Section 480(3) of the BNSS apply to the bail conditions in this case?

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • habitual offender
  • Section 30(a)
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32010 of 2026
                         Arising Out of PS. Case No.-295 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Raja Sahni S/o- Uma Sahni R/village- Baghakaul Baghakol Bariyarpur , P.S-
                 Maker, Dist- Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Maker P.S. Case No. 295 of 2025 registered for

                   the alleged offences under Sections 30(a) of the Bihar

                   Prohibition & Excise Act, 2016.

                                03. As per prosecution case, secret information was

                   received about petitioner storing illicit country made liquor in

                   huge quantity and intending to sell it. A raid was conducted on

                   the banks of river Gandak and a person fled away from the spot

                   who was identified as the petitioner by the local people. On

                   search of the place, recovery of 160 liters illicit country made

                   liquor was made.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32010 of 2026(2) dt.15-05-2026
                                            2/3




          petitioner is innocent and has been falsely implicated in this

          case. The petitioner has not been apprehended from the spot and

          nothing incriminating has been recovered from his person or

          possession. The alleged recovery has been made from an open

          place near a river bank and the petitioner has no concern either

          with the place or the seized liquor. The petitioner is having

          antecedent of five cases and he has got bail in four such cases.

          The petitioner is in custody since 22.02.2026 and charge-sheet

          has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that the

          petitioner appears to be a habitual offender as he is accused in

          cases of similar nature.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner was not apprehended from the post and

          no recovery has been shown from his possession and further

          considering the period of custody of the petitioner along with

          submission of charge-sheet, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Excise
           Patna High Court CR. MISC. No.32010 of 2026(2) dt.15-05-2026
                                                       3/3




                     Court No. 3, Saran at Chapra/court concerned in connection

                     with Maker P.S. Case No. 295 of 2025, subject to the conditions

                     mentioned in Section 480(3) of BNSS and the following

                     conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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