Patna High Court
Mukesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Mukesh Sahani was arrested in connection with a case alleging the seizure of 70 litres of country-made liquor near the Majhariya river, invoking Sections 272, 273 B.N.S., 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that the liquor was not recovered from his possession, and that he was identified only by a local chowkidar, despite having fourteen prior criminal antecedents. The State opposed regular bail. The court noted the absence of an independent witness to the seizure and that the liquor was not found in the petitioner's conscious possession. Consequently, the court ordered the release of the petitioner on regular bail with a bond of Rs.10,000 and two sureties, subject to his appearance on all trial dates.
Issues considered
- Whether regular bail should be granted to the petitioner despite the alleged offence under the Bihar Prohibition and Excise Act and his prior criminal antecedents
Legislation cited
- Bihar Prohibition and Excise Act — s. 272, 273 B.N.S., 30(a), 41(1)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- seizure
- possession
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35062 of 2026
Arising Out of PS. Case No.-624 Year-2023 Thana- TURKAULIYA District- East
Champaran
======================================================
Mukesh Sahani, Male aged about 30 years, Son of Chhatri Sahani @ Chandri
Sahani, Resident of 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, Advocate
For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is in custody in connection with
Raghunathpur, P.S Case No. 624 of 2023 registered for the
offence punishable under Sections 272, 273 B.N.S., 30(a) and
41(1) of the Bihar Prohibition and Excise Act..
3. As per allegation in the FIR, there is recovery of
total 70 liters of country made liquor near the Majhariya river.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
Patna High Court CR. MISC. No.35062 of 2026(2) dt.21-05-2026
2/3
submits that nothing has been recovered from the conscious
possession of the petitioner. It is also submitted that petitioner is
not present at the place of occurrence rather he has been
identified by the local chowkidar. He further submits that
petitioner is in judicial custody since 09.01.2026 having
fourteen criminal antecedents.
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
01.04.2026, it appears that there is recovery of 70 liters of
country made liquor near the Majhariya river and not from the
conscious possession of the petitioner. Moreover there is no
independent witness to the seizure list. Therefore, considering
the aforesaid facts and circumstances of the case and
submissions made on behalf of the learned counsel for the
petitioner, let the above named petitioner be released on regular
bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
Learned Exclusive Special Excise Judge Court No.1 East
Champaran, Motihari in connection with Raghunathpur, P.S
Case No. 624 of 2023 subject to condition that petitioner shall
appear each and every date fixed by the trial Court till the
Patna High Court CR. MISC. No.35062 of 2026(2) dt.21-05-2026
3/3
conclusion of the trial and if the petitioner does not present any
of the said date the trial Court may cancel the bail bonds of the
petitioner.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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