Patna High Court
Dinesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Dinesh Sahni, was charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for allegedly possessing 4 litres of country‑made liquor seized from bushes behind his house. He contended that the liquor was not in his conscious possession, the seizure was conducted in an open area accessible to anyone, and the mandatory procedural requirements for seizure were not complied with, including the absence of an independent witness. The State opposed bail, citing two prior criminal antecedents, one of which was of a similar nature. The Court examined the lack of possession and the procedural irregularities in the seizure, and held that these factors outweighed the petitioner’s criminal record. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the investigation and that one bailor be a close relative.
Issues considered
- Whether bail should be granted when the seized contraband was not in the accused's conscious possession and the seizure violated mandatory procedural provisions.
- Whether the petitioner’s prior criminal antecedents, including a similar offence, justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- seizure
- possession
- prohibition law
- criminal antecedents
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36084 of 2026
Arising Out of PS. Case No.-133 Year-2026 Thana- TARAIYA District- Saran
======================================================
Dinesh Sahni Son of Late Master Sahni Resident of Village- Panchbhinda,
P.S.- Taraiya, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. Perusal of the first information report and the
seizure list would go to show that 4 liters of country made liquor
is said to have been recovered from the bushes behind the house
of the petitioner.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. The place of recovery is
an open place and easily accessible to anyone, hence no liability
can be fastened on the petitioner. There is no independent
witness to the search and seizure violating the mandatory
provisions of seizure. The petitioner is in custody since
28.04.2026.
Patna High Court CR. MISC. No.36084 of 2026(2) dt.08-06-2026
2/2
5. Learned APP for the State opposes the prayer for
bail on the ground that petitioner has two criminal antecedents
and out of two one is of similar nature of the offence, to which,
learned counsel for the petitioner submits that the petitioner is
on bail in one case and other is pending before the learned Court
below.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
is no recovery from the conscious possession of the petitioner
coupled with the fact that there is non-compliance of mandatory
provisions of seizure, the above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Taraiya P.S.
Case No.133 of 2026, subject to the further conditions that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
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