Patna High Court
Raju Sahni @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Raju Sahni, was arrested in connection with the recovery of 70 litres of country-made liquor from an open pond area and charged under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no incriminating article in his possession, and had no prior criminal record, having been in custody since 24 March 2026. The State opposed his bail application. The Court considered that the liquor was recovered from an open place accessible to all and that no direct evidence linked the petitioner to the contraband. Consequently, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, while noting that its observations were prima facie and not determinative of the trial's merits.
Issues considered
- Whether bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from an open place and no incriminating article was found on the accused.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise law
- prohibition
- section 30(a)
- liquor seizure
- prima facie observation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34038 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- KAMTAUL District- Darbhanga
======================================================
Raju Sahni @ Raju Kumar S/o Devan Sahni Resident of Village- Tataila, P.S.-
Kamtaul, Dist- Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Kamtaul P.S. Case No.
19 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act.
3. There is recovery of 70 litres of country made
liquor near a pond inside the orchard.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely being implicated in the
present case. No incriminating article has been recovered from
the conscious possession of this petitioner. The alleged recovery
is made from an open place which is accessible to one and all.
Petitioner has no criminal antecedent and he is in custody since
24.03.2026.
Patna High Court CR. MISC. No.34038 of 2026(2) dt.19-05-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that recovery is made from an open place, this bail
application is allowed.
7. Accordingly, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Incharge Special Judge-1 (Excise Act),
Darbhanga /concerned court below in connection with Kamtaul
P.S. Case No. 19 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-Nitesh
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.