Patna High Court
Raja SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
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
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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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