Patna High Court
Mukesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
Mukesh Sahani was arrested in connection with a case involving the recovery of 140 litres of country‑made liquor near a river, alleged to violate Sections 274 and 275 of the BNS and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that his name was supplied by a local chowkidar. He had been in custody since 15 September 2025 and possessed eight prior criminal antecedents, while the prosecution argued that the offences were serious and opposed bail. The State also pointed out non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and requiring the petitioner’s appearance at every trial date.
Issues considered
- Whether bail should be granted to the accused in a liquor‑related offence under the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the lack of material seized from the accused’s possession and the procedural lapse under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- BNS — s. 274, 275
Subjects
- bail
- prohibition law
- excise
- liquor offence
- criminal procedure
- antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3700 of 2026
Arising Out of PS. Case No.-45 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Mukesh Sahani S/o Late Chhadari Sahani @ Chandri Sahani R/o Village-
Jhakhiya, P.S- Banjariya, Dist- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Banjariya P.S. Case No. 45 of 2025, instituted for the offences
punishable under Sections 274 and 275 of the BNS and Section
30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 140
liters of country made liquor was recovered from plastic Gallon
near river.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.3700 of 2026(2) dt.27-01-2026
2/3
for the petitioner further submitted that the recovery has been
made near river, which is an open place and accessible to public
at large. The name of the petitioner has been disclosed by the
local Chowkidar. The petitioner is in custody since 15.09.2025
and has got eight criminal antecedents. There is no compliance
of Section 103 of the Bharatiya Nagarik Suraksha Sanhita,
2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Banjariya P.S. Case No. 45 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.3700 of 2026(2) dt.27-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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