Patna High Court
Hardev SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
Hardev Sahni was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 70 litres of country-made liquor were recovered from an orchard belonging to a co-accused. The petitioner contended that no incriminating article was found in his conscious possession and that he had been in custody since 24 March 2026. The State opposed the bail application. The Court, noting the absence of any seized contraband from the petitioner and the length of his pre‑trial detention, decided to grant bail. He was released on a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the In‑Charge Special Judge‑I (Excise Act), Darbhanga. The Court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused when no incriminating article was recovered from his conscious possession under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise law
- Section 30(a)
- possession
- liquor
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34877 of 2026
Arising out of PS. Case No.-19 Year-2026 Thana- KAMTAUL District- Darbhanga
======================================================
Hardev Sahni Son of Gariban Sahni Resident of Village- Tataila, P.S.-
Kamtaul, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 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 Bihar Prohibition and
Excise Act.
3. The allegation is that 70 litres of country made
liquor (Mahua) was recovered near a ditch like pond inside the
orchard and the orchard belongs to co-accused Bhikhari Sahani.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the alleged
recovery was made from the orchard of co-accused Bhikhari
Sahani and the petitioner is in custody since 24.03.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34877 of 2026(2) dt.20-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that nothing incriminating article was
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 24.03.2026, this Court is
inclined to grant bail to the petitioners.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned In-Charge Special
Judge-I (Excise Act), Darbhanga, 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)
Vikash/-
U T
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