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Patna High Court

Shyam Lochan Sahni @ TantanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Shyam Lochan Sahni was arrested in connection with the alleged recovery of 198.75 litres of liquor from a bush near a gas godown and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner, who has five prior cases (four under the Excise Act), argued that he was not arrested at the spot, that no liquor was found in his possession, and that the alleged recovery occurred on public land and was prompted by a hostile chowkidar. The State opposed the bail application. The court considered the lack of direct possession, the public nature of the location, and the petitioner’s custody since 25‑03‑2026, and decided to grant bail on a bond of Rs. 5,000 with two sureties. The bail order was directed to be complied with by the trial court handling the case.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of alleged recovery, lack of possession, and prior criminal record.

Legislation cited

Subjects

  • bail
  • excise
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal procedure
  • prior convictions
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35802 of 2026
                      Arising Out of PS. Case No.-250 Year-2025 Thana- KEWATI District- Darbhanga
                 ======================================================
                 Shyam Lochan Sahni @ Tantan S/o Bhim Sahni Resident of Village- Samaila,
                 P.S.- Raiyam, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saurav Anand
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-06-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             2.    The petitioner seeks bail in a case registered for the

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

                   and Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and is in custody since 25-3-2026 and

                   allegation is of recovery of 198.75 litres of liquor from a bush

                   near a gas godown.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
              Patna High Court CR. MISC. No.35802 of 2026(2) dt.19-06-2026
                                                          2/2




                        and is accessible to public at large and he came to be implicated

                        at the instance of Chowkidar with whom he is on an inimical

                        term. It is further submitted that once an accused is implicated

                        in a case relating to excise, the police starts implicating

                        mechanically either at the instance of Chowkidar, local person,

                        confessional statement or secret information without holding a

                        proper investigation. It is reiterated and submitted that petitioner

                        is in custody since 25-3-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Keoti P.S. Case No.

                        250 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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