Patna High Court
Suresh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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