Patna High Court
Rajeshwar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
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
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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
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delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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