Patna High Court
Jogendra @ Jogindra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioners subject to the conditions specified under Section 480(3) of the B.N.S.S.
Summary
The petitioners Jogendra Sahani, Narayan Paswan and Dahi Yadav were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly carrying illicit country-made Chulai liquor. They contended that the liquor was recovered from an open place unrelated to them, that the search and seizure were not conducted in accordance with statutory requirements, and that they have clean antecedents and have been in custody since 4 May 2026. The State opposed the bail application. Considering the lack of incriminating evidence on the petitioners, the procedural lapses in the seizure, their clean records and the length of custody, the Court ordered their release on bail with a bond of Rs.10,000 each, two sureties, and conditions prescribed under Section 480(3) of the B.N.S.S. and additional personal surety requirements. The bail is subject to compliance with attendance requirements and cancellation upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the search and seizure conducted by the police complied with the mandatory statutory provisions.
- Whether the petitioners' clean antecedent and period of custody justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- search and seizure
- clean antecedent
- Section 30(a)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37959 of 2026
Arising Out of PS. Case No.-230 Year-2026 Thana- MANJHI District- Saran
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1. Jogendra @ Jogindra Sahani Son of Lalan Sahani R/O Village- Gopalpur,
P.S.- Rewati, Distt.- Balia (U.P.)
2. Narayan Paswan Son of Akshay Paswan @ Akshay Kumar Paswan R/O
Village- Parasiya, P.S.- Rewati, Distt.- Balia (U.P.)
3. Dahi Yadav Son of Singhasan Yadav R/O Vill.- Srinagar, P.S.- Rewari,
District- Balia (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Manjhi P.S. Case No. 230 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, the petitioners were
apprehended carrying 10, 60 and 20 litres of illicit country made
Chulai liquor, respectively.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.37959 of 2026(2) dt.17-06-2026
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this case. Nothing incriminating has been recovered from the
person or possession of the petitioners and the recovery has
been made from an open place and the petitioners have no
concern with the said place. The mandatory provisions of search
and seizure have not been followed. The petitioners are having
clean antecedent and they are in custody since 04.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioners and their clean antecedent,
the petitioners above named are directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction
of learned 2nd Exclusive Special Excise Judge, Saran
at Chapra/concerned Court in connection with Manjhi P.S. Case
No. 230 of 2026, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
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court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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