Patna High Court
Bhola SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to bail, subject to payment of Rs. 1,00,000 and a bail bond of Rs. 30,000 under the relevant provisions.
Summary
Bhola Sahani, the owner of a vehicle from which 326.160 litres of illicit liquor was seized, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He applied for bail, asserting that nothing was recovered from his personal possession and that he has a clean antecedent. The State opposed the bail. The High Court, considering the facts, granted bail on the condition that the petitioner pays Rs. 1,00,000 to the Excise Court and furnishes a bail bond of Rs. 30,000, invoking Section 2(1)(d) and Section 482(2) of the Bihar Narcotic and Substance (Suppression) Act, 2023. The court also ordered that the paid amount be adjusted against the confiscation of the seized vehicle. The bail order is subject to surrender within four weeks if arrested.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is seized can be arrested under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether bail should be granted to the petitioner given the circumstances of the seizure.
Legislation cited
- Bihar Narcotic and Substance (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise
- vehicle seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36216 of 2026
Arising Out of PS. Case No.-83 Year-2025 Thana- GALGALIYA District- Kishanganj
======================================================
Bhola Sahani S/o Ram Prit Sahani @ Ram Preet Sahani R/o Village -
Makdumpur Kodariya, P.S. - Karja, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 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 Galgalia P.S. Case No. 83 of 2025 lodged on 16.09.2025,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
4. As per the prosecution, FIR has been lodged against
one named accused person and owner of a vehicle. Total
recovery of 326.160 litres of illicit liquor has been made, which
Patna High Court CR. MISC. No.36216 of 2026(2) dt.02-06-2026
2/3
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
submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from a vehicle. Counsel further submits that the name of
the petitioner has come in this case only due to the reason that
he is the owner of the seized vehicle. 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, subject to
payment of Rs. 1,00,000/- (Rupees One Lakh) before the
concerned Excise Court which shall be outcome of the present
case, 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 Judge Excise-I, Kishanganj, in connection
with Galgalia P.S. Case No. 83 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
Patna High Court CR. MISC. No.36216 of 2026(2) dt.02-06-2026
3/3
8. It is needless to say that the said amount of Rs. 1
lakh shall be adjusted in the confiscation of the vehicle in
question.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.