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Patna High Court

Suresh SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail as the FIR and seizure lack independent corroboration and no material grounds exist to deny bail.

Summary

Suresh Sahni was arrested in connection with the seizure of 70 litres of country‑made Mahua liquor alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no conscious possession of the liquor, that the recovery was from an open area accessible to anyone, and that his name was supplied by a local watchman on the basis of secret information. He had been in custody since 24 March 2026 and filed an application for regular bail. The State opposed the bail, relying on the FIR and seizure list prepared from an informant’s report. The Court observed that there was no independent witness to the seizure and, considering the petitioner's submissions, found no compelling reason to deny bail. Consequently, the Court granted regular bail on the condition of a Rs 10,000 bond and two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure and lack of independent evidence.

Legislation cited

Subjects

  • regular bail
  • excise law
  • prohibition act
  • Mahua liquor
  • Section 30(a)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35070 of 2026
                     Arising Out of PS. Case No.-19 Year-2026 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Suresh Sahni, aged about 32 years, male, Son of Devan Sahni, Resident of
                 Village- Tataila, P.S.- Kamtaul, District- Darbhanga.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, 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 seeks regular bail in connection with

                   Kamtaul P.S. Case No. 19 of 2026, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per allegation in the FIR, total 70 liters of

                   country made Mahua liquor has been recovered near the ditch-

                   like pond inside the orchard of co-accused Bhikhari Sahani.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that nothing has

                   been recovered from the conscious possession of the petitioner.

                   He further submits that local chaukidar has disclosed the name
Patna High Court CR. MISC. No.35070 of 2026(2) dt.21-05-2026
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          of the petitioner. He next submits that the recovery is from an

          open space and easily accessible to anyone. He lastly submits

          that on the basis of secret information and disclosure made by

          local chaukidar, the petitioner has been made an accused in this

          case. Petitoner is in custody since 24.03.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and impugned

          order of the learned Special Judge-1st (Excise Act), Darbhanga

          dated 28.04.2026, it appears that on the basis of written report of

          the informant, FIR has been registered under Section 30(a) of

          the Bihar Prohibition and Excise Act against five co-accused

          persons including the present petitioner and the allegation is of

          recovery of Mahua liquor. Petitioner is in custody since

          24.03.2026 and there is no any independent witness of the

          seizure list, so considering all the aspects of the case       and

          submission of learned counsel for the petitioner, I am inclined to

          grant regular bail to the above named petitioner.

                       7. Accordingly, the prayer for regular bail of the

          above named petitioner is allowed. Let the petitioner above

          named be released on regular bail on furnishing bail bonds of

          Rs. 10,000/- (Ten Thousand) with two sureties of the like
            Patna High Court CR. MISC. No.35070 of 2026(2) dt.21-05-2026
                                                        3/3




                      amount each to the satisfaction of the learned In-charge Special

                      Judge-1st, (Excise Act), Darbhanga in connection with Kamtaul

                      P.S. Case No. 19 of 2026.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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