Patna High Court
Muntun Sahni @ Mutun SahniversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Muntun Sahni, was arrested in connection with the alleged recovery of 196 litres of liquor from a public place in Bhagwatiya Chawar and charged under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act. He has four prior cases, three of which are under the Excise Act, and has been in custody since 23‑03‑2026. The petitioner contended that he was not caught in the act, no liquor was found in his conscious possession, and that the complaint was motivated by an inimical relationship with the chowkidar who implicated him. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of direct possession, the public nature of the alleged recovery site, and the length of custody, ordered his release on bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused charged under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act, considering the nature of the alleged offence and the period of custody.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- bail
- excise law
- liquor seizure
- Sections 274 and 275
- Bihar Excise Act
- criminal procedure
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38918 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Muntun Sahni @ Mutun Sahni S/O Shital Sahni @ Shital Sahani 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
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 274 and 275 of the BNS
read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and is in custody since 23.03.2026 and
allegation is of recovery of 196 liters of liquor from a sack at
village Bhagwatiya Chawar.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.38918 of 2026(2) dt.01-07-2026
2/2
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs. 5000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Kesariya P.S. Case
No. 16 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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