Patna High Court
Mukesh SahaniversusThe State of BIhar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 41(1)
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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