Patna High Court
Mutun sahni @ Muntun SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Mutun Sahni was arrested on 2 March 2026 for alleged possession of 105 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated, arguing that the liquor was seized from a location other than his possession and that the seizure was conducted by police witnesses, violating Sections 103 and 105 of the BNSS. The prosecution highlighted four prior criminal antecedents, though noting the petitioner was already on bail in three cases with one case pending. The court examined the factual matrix, the alleged procedural lapses, and the petitioner’s criminal history, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for verification, allowing the petitioner to be released pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the alleged lack of possession and procedural irregularities.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether non‑compliance of Sections 103 and 105 of the BNSS affects the bail application.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- criminal antecedents
- procedural compliance
- BNSS
- Section 103
- Section 105
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38685 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Mutun sahni @ Muntun Sahni S/O- Shital Sahni Resident of village-
Banparua, P.S.- Kesariya, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Abhishek Kumar, learned counsel for
the petitioner and Mr. Ram Sumiran Rai, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.03.2026 in connection with Kesariya P.S. Case No. 103 of
2026, F.I.R. dated 02.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 105 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from Banparua Chawar and the petitioner has been
Patna High Court CR. MISC. No.38685 of 2026(2) dt.23-06-2026
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made accused merely on the basis of suspicion. He further
submits that seizure list witnesses are police personnel so there
is non-compliance of Section 103 and 105 of BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
02.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in three cases and one case is pending for consideration before
competent Court of law.
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 Exclusive
Special Excise Court No.-3, Civil Court, East Champaran at
Motihari in connection with Kesariya P.S. Case No. 103 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
Patna High Court CR. MISC. No.38685 of 2026(2) dt.23-06-2026
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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.
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)
Suruchi /-
U T
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