Patna High Court
Umesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Umesh Sahni, owner of a poultry farm, was implicated in a case alleging recovery of 360 litres of illicit liquor from his premises, leading to charges under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner claimed he had no knowledge of the liquor, asserting that it had been dumped by an unknown person, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his request for anticipatory bail. The Patna High Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, a deposit of Rs. 25,000 with the Ramakrishna Mission, and monthly attendance at the police station. The order was made under Section 482(2) of the B.N.S.S., with a clear disclaimer that the observations were prima facie and not indicative of the case's merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the court may impose conditions such as monetary deposit, sureties, and regular police station attendance while granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38268 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- EXCISE BENIPUR District- Darbhanga
======================================================
Umesh Sahni Son of Ramchandra Sahani R/O Vill.- Behta, Kutti Tola, P.S.-
Manigachi, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Adv.
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Benipur Excise P.S. Case No. 89 of 2026 registered for
offences under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. As per the prosecution case, the petitioner is the
owner of the poultry farm from where, there is a recovery of 360
litres of illicit liquor.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence.
Learned counsel submits that the petitioner has no knowledge
about the liquor and it appears that someone else has dumped
the liquor in front of his poultry farm. The petitioner undertakes
Patna High Court CR. MISC. No.38268 of 2026(2) dt.17-06-2026
2/3
to donate a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand
Only) to a charitable organization, without prejudice to his
defence and without admitting guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Benipur Excise P.S. Case No. 89 of 2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S., also with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) with Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before the
court below. The bail bonds shall be
accepted only after verification of the
Patna High Court CR. MISC. No.38268 of 2026(2) dt.17-06-2026
3/3
genuineness of the said receipt.
(ii) The petitioner shall mark his
attendance at Manigachi Police Station on
first and third Sunday of each month. In the
event of default, the bail bonds shall be
liable to be cancelled.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.