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Patna High Court

Mukesh SahaniversusThe State of BIhar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.5,000 and two sureties.

Summary

Mukesh Sahani, who has fifteen prior cases under the Bihar Excise Act, was charged under Sections 30(a) and 41(1) for allegedly recovering 315 litres of liquor and 400 litres of semi‑prepared liquor from a river bank. The petitioner argued that the liquor was not in his conscious possession, the site is public, and he was implicated by local residents without proper investigation. He had been in custody since 24‑02‑2026. The State opposed bail. The Court, after considering the petitioner's submissions, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties, pending trial in the Raghunathpur police case No.124 of 2025.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 30(a) and 41(1) of the Bihar Excise Act where the alleged contraband was not recovered from his possession.

Legislation cited

Subjects

  • bail
  • excise law
  • Bihar Excise Act
  • Section 30
  • Section 41
  • criminal procedure
  • custody
  • prior convictions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32424 of 2026
                 Arising Out of PS. Case No.-124 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Mukesh Sahani S/o Chhatri Sahani @ Chandri Sahani R/o Village- Jhakhiya,
                 P.S.- Banjariya, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar
                 For the Opposite Party/s :       Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a) and 41(1) of the Bihar

                   Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of fifteen cases under the Excise Act

                   and allegation is of recovery of 315 litres of liquor along with

                   400 litres of semi-prepared liquor from bank of a river.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
              Patna High Court CR. MISC. No.32424 of 2026(2) dt.15-05-2026
                                                          2/2




                        at the instance of local people, but then it is submitted that once

                        an accused is implicated in a case relating to excise, the police

                        starts implicating mechanically either at the instance of

                        Chowkidar, local person, confessional statement or secret

                        information without holding a proper investigation. It is also

                        submitted that petitioner is in custody since 24-2-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Raghunathpur P.S.

                        Case No. 124 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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