Patna High Court
Dharmendra SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Dharmendra Sahni, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 309 litres of liquor were recovered from a sack. The prosecution alleged possession of illicit liquor, while the petitioner claimed innocence, no incriminating material in his possession, and a clean criminal record. The State opposed bail, but the court noted the lack of direct evidence, the open nature of the recovery site, and the petitioner’s clean antecedents. Considering these factors and the non‑compliance of Section 103 of the BNSS, 2023, the court decided to grant bail. The bail was set at Rs.15,000 with two sureties and conditions of regular appearance before the trial court.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the requirements of Section 103 of the BNSS, 2023, affect the grant of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- clean antecedent
- surety
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3370 of 2026
Arising Out of PS. Case No.-1260 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Dharmendra Sahni S/O Tilai Sahni Resident of village - Bari Bharsar, P.S. -
Malangwa,Dist. -Sarlahi, Country-Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Prohibition PS Sitamarhi Case No. 1260 of 2025 instituted for
the offences under Section/s 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 309 liters
liquor was recovered from sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
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no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 03.11.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Prohibition PS
Sitamarhi Case No. 1260 of 2025, subject to the following
conditions:
(I) One of the bailors shall be deponent of the present bail
application, namely, Urmila Kumari.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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