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Patna High Court

Aman SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to conditions, as there is no evidence of conscious possession and the statutory requirements under Section 103 of the BNSS, 2023 were not satisfied.

Summary

Aman Sahani was arrested on 25 February 2026 in connection with an excise case involving the seizure of 135 litres of illicit country-made liquor from an E‑rickshaw. The prosecution alleged offences under Sections 30(a) and 32(3) of the Bihar Excise and Prohibition Act, claiming the petitioner was involved in the illegal liquor trade. The petitioner contended he was neither the owner nor the driver of the E‑rickshaw, that the liquor was not recovered from his conscious possession, and that the mandatory provisions of Section 103 of the BNSS, 2023 were not complied with. The court examined the facts, noted the lack of direct possession and the petitioner’s clean antecedent, and granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Excise and Prohibition Act.
  • Whether the mandatory provisions of Section 103 of the BNSS, 2023 have been complied with in the arrest.
  • Whether the seizure of liquor constitutes conscious possession by the petitioner.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • E‑rickshaw
  • Section 103
  • Bihar Excise and Prohibition Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36754 of 2026
                   Arising Out of PS. Case No.-236 Year-2026 Thana- EXCISE DANAPUR District- Patna
                 ======================================================
                 Aman Sahani S/o Lalit Sahani R/o Mohalla - Bihari Sao Lane Sabji Bagh,
                 P.S. - Pirbahore, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhaneshwar Prasad Gupta
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-06-2026                      Heard Mr. Dhaneshwar Prasad Gupta, learned

                   counsel for the petitioner and Mr. Lakshmi Kant Sharma,

                   learned Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   25.02.2026 in connection with Excise Danapur P.S. Case No.

                   236 of 2026 for the offences punishable under Sections 30(a),

                   32(3) of the Bihar Excise and Prohibition Act.

                               3. The case of the prosecution, in brief, is that on

                   24.02.2026, the police chased and caught an E-rickshaw, two

                   persons were also caught by the police from the said E-

                   rickshaw, who told their name as Rohan Kumar and Aman

                   Sahni. On search altogether 135 liters of illicit country made

                   liquor was recovered from the said E-Rickshaw.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36754 of 2026(2) dt.15-06-2026
                                            2/3




          petitioner has clean antecedent and has falsely been implicated

          in the present case. Learned counsel for the petitioner submits

          that it appears from the FIR and seizure list that nothing has

          been recovered from the conscious possession of the petitioner

          rather the recovery has been made from the E-Rickshaw in

          question. It is next submitted that petitioner is neither the owner

          nor the driver of the alleged E-Rickshaw in question and there is

          non-compliance of mandatory provisions of Section 103 of

          BNSS, 2023 and petitioner is in custody since 25.02.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Excise Judge, Danapur in connection with Excise Danapur P.S.

          Case No. 236 of 2026, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
           Patna High Court CR. MISC. No.36754 of 2026(2) dt.15-06-2026
                                                       3/3




                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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