Patna High Court
Dinesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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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