Patna High Court
Chunnu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioners, directing them to furnish the prescribed bond and sureties.
Summary
Chunnu Sahani and Gajendra Sahani were arrested in connection with Suppi Police Station Case No. 100 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 900 bottles of Nepal liquor from their possession. The petitioners contend that they were falsely implicated, that the seizure list was forged, and that they have no involvement with the liquor or any criminal antecedent. The State opposed their regular bail, arguing the seriousness of the offence. The Court examined the FIR and the impugned order, noting the absence of specific allegations, lack of independent witnesses, and the petitioners' clean record. Consequently, the Court ordered their release on bail, requiring a bond of Rs.10,000 each with two sureties, subject to satisfaction of the Exclusive Special Excise Court‑I, Sitamarhi.
Issues considered
- Whether the petitioners are entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged lack of specific allegations and forged seizure list.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- forged seizure list
- false implication
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33407 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
1. Chunnu Sahani, aged about 34 years, Gender- Male, S/O Jaymangal Sahani,
resident of Village- Dhang, P.S.- Suppi, Dist.- Sitamarhi.
2. Gajendra Sahani, aged about 30 years, Gender- Male, S/O Sugarath Sahani
@ Sugarath Sahani, resident of Village- Ramnagara, P.S.- Suppi, Dist.-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
APP for the State through virtual mode.
2. The petitioners are in custody in connection with
Suppi P.S Case No. 100 of 2026 registered for the offence
punishable under Section 30 (a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, there is recovery of 900
bottles ( 300 ml each bottle) of Nepal Country liquor Karishma,
total of 270 litres, in eight jute bags from the possession of the
petitioners.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case, the
Patna High Court CR. MISC. No.33407 of 2026(2) dt.19-05-2026
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petitioners have no concern either with the recovered wine or
any other persons also the petitioners are not the members of
any group rather the police prepared forged seizure list. He
further submits that the true fact of this case is that the
petitioners went to their sister’s village to celebrate while
returning, the informant stopped him on the way and pressurized
him to sign several documents which the petitioners refused to
do so, thereafter he informed to the police and was arrested and
sent to custody and they are in custody in since 18.03.2026.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated
16.04.2026, the petitioners have no criminal antecedent, further
submitted that there is no specific allegation against the
petitioners and the alleged allegation against the petitioners are
general and omnibus. Moreover there is no independent witness
to the seizure list. Considering the aforesaid facts and
circumstances of the case and submissions made on behalf of
the petitioners, let the above named petitioners be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned Exclusive Special Excise Court-I, Sitamarhi in
Patna High Court CR. MISC. No.33407 of 2026(2) dt.19-05-2026
3/3
connection with Suppi P.S Case No. 100 of 2026.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U
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