Patna High Court
Aman SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Excise and Prohibition Act — s. 30(a), 32(3)
- BNSS, 2023 — s. 103
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
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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
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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
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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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