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Patna High Court

Dinesh SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond and specified conditions.

Summary

Petitioner Dinesh Sahni was arrested on 17 April 2026 in connection with a case alleging the recovery of 1,144.44 litres of English liquor near a pond, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he has a clean antecedent, that the FIR is fabricated, and that the liquor was seized from a location not belonging to him, making his implication purely suspicion‑based. The co‑accused had already been granted anticipatory bail. The State opposed the bail application. The Court, after considering the facts, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedent. The bail bond was to be accepted without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of alleged possession and the nature of the offence.
  • Whether the alleged facts and the petitioner’s claim of false implication justify denial of bail.
  • Whether the anticipatory bail granted to the co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • false implication
  • anticipatory bail
  • criminal antecedent
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38806 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- TISIAUTA District- Vaishali
                 ======================================================
                 Dinesh Sahni S/O Late Ram Saran Sahni @ Pathlu Sahni R/O Village-
                 Govindpur, P.S- Mahua, District- Vaishali.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar
                 For the Opposite Party/s :        Mr. Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.04.2026 in connection with Tisiauta P.S. Case No. 08 of 2026

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                               3. The case of the prosecution in brief is that the

                   allegation is of recovery of 1144.440 liters of English liquor

                   near pond.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and has falsely been implicated

                   in the present case. It is further submitted that the allegation as

                   alleged in the FIR is forged and fabricated and the petitioner has

                   not committed any offence as alleged in the FIR. It is further
Patna High Court CR. MISC. No.38806 of 2026(2) dt.22-06-2026
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          submitted 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 near pond

          which does not belong to the petitioner and petitioner has been

          made accused in the present case on the basis of suspicion and

          the co-accused person, namely, Munshi Ray @ Munshi Lal Ray

          has been granted anticipatory bail vide order dated 22.04.2026

          passed in Cr. Misc. No. 26927 of 2026 by a Coordinate Bench

          of this Court and petitioner is in custody since 17.04.2026.

                      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     Court of

          Exclusive Special Prohibition and Excise Court-II-cum-District

          and Additional Sessions Judge, Hajipur, Vaishali in connection

          with Tisiauta P.S. Case No. 08 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
           Patna High Court CR. MISC. No.38806 of 2026(2) dt.22-06-2026
                                                       3/3




                     on her absence on two consecutive dates without sufficient

                     reason, her 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)
Gaurav Sinha/-

U      T


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