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Patna High Court

Rajeshwar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions, with verification of criminal antecedents.

Summary

Petitioner Rajeshwar Sahni was implicated in an excise case for possession of 37.5 litres of illicit liquor, alleged to violate section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution’s FIR named him solely based on an informant’s disclosure, and no liquor was recovered from his possession. The petitioner claimed innocence, a clean criminal record, and sought bail to avoid arrest. The State opposed bail, arguing the seriousness of the offence. The Patna High Court, after hearing counsel, granted bail on the condition of a Rs.30,000 bond under Section 2(1)(d) of the B.N.S.S., 2023 and subject to verification of any concealed criminal antecedents under Section 482(2) of the same Act.

Issues considered

  • Whether bail can be granted in a case involving alleged violation of section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s clean antecedent and lack of recovered liquor from his possession justify bail under the B.N.S.S., 2023.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • non-bailable offence
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • virtual hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36101 of 2026
                  Arising Out of PS. Case No.-2818 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Rajeshwar Sahni Son of Ramayun Sahni Resident of Village- Chhota
                 Bariyarpur, P.S.- Chhatauni, District- East Champaran, Bihar

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mohd Rustam Hussain, Adv.
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Excise P.S. Case No. 2818 of 2025 lodged on 17.12.2025,

                   for the offence punishable under section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                4. As per the prosecution, FIR has been lodged against

                   the sole petitioner. Total recovery of 37.500 litres of illicit liquor

                   has been made, which is the subject matter of the present case.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.36101 of 2026(2) dt.01-06-2026
                                            2/3




          submits that nothing has been recovered from the conscious

          possession of the petitioner. Counsel further submits that the

          name of the petitioner has come in this case only on the basis of

          disclosure made by the informant. He further submits that the

          petitioner has clean antecedent.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. In the present facts and circumstances of this case,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the Trial Court within a period of 4

          weeks from today, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the B.N.S.S., 2023 to the satisfaction of Exclusive Special

          Court-02, East Champaran, Motihari, in connection with Excise

          P.S. Case No. 2818 of 2025, subject to the conditions as laid

          down U/s 482(2) of the B.N.S.S., 2023.

                       8. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of

          bail bond of the petitioner. However, the acceptance of the bail

          bonds in terms of the above-mentioned order shall not be
             Patna High Court CR. MISC. No.36101 of 2026(2) dt.01-06-2026
                                                         3/3




                       delayed for the purpose of or in the name of verification.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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