Patna High Court
Meghnath SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner on a bond of Rs 10,000 with two sureties, subject to specified conditions.
Summary
Meghnath Sahani was arrested on 21‑04‑2026 for alleged possession of 50 litres of illicit country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed innocence, argued that the seized liquor was found in a jointly‑owned house and that the seizure list, prepared by police officers, violated Sections 103 and 105 of the BNSS, and pointed out that an anticipatory bail order dated 23‑09‑2025 had not been complied with because of his prior criminal record. The State opposed bail, highlighting three previous convictions of a similar nature. The Court considered the nature of the offence, the petitioner’s antecedents, the procedural objections raised, and the earlier anticipatory bail order. It granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of undisclosed criminal antecedents.
Issues considered
- Whether bail should be granted in a case involving illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 despite the petitioner’s prior convictions.
- Whether alleged non‑compliance with Sections 103 and 105 of the BNSS in the seizure process warrants denial of bail.
- Whether the earlier anticipatory bail order can be invoked to secure regular bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- anticipatory bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedents
- procedural compliance
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38981 of 2026
Arising Out of PS. Case No.-576 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Meghnath Sahani S/O Nagina Sahani Resident of Village- Singha, Ujjain
Lohiyar, P.S.- Harsidhi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Ajay Kumar Singh, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.04.2026 in connection with Harsidhi P.S. Case No. 576 of
2024, F.I.R. dated 27.10.2024 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 50 liters of country made Chulai
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He next submits that earlier the petitioner was
granted the privilege of anticipatory bail by a co-ordinate Bench
of this Court vide order dated 23.09.2025 in Cr. Misc. No.
Patna High Court CR. MISC. No.38981 of 2026(2) dt.23-06-2026
2/3
58961 of 2025 but the petitioner did not furnish the bail bonds
in terms of order dated 23.09.2025 due to his previous crminal
antecedents. He further submits that it appears from the F.I.R. as
well as seizure list that the recovery has been made from the
house of the petitioner but the petitioner is not the absolute
owner of the house in question rather the house in question is
joint property of the petitioner. He further submits that seizure
list witnesses are police personnel so there is non-compliance of
Section 103 and 105 of BNSS. The petitioner is in custody since
21.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
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.01, East Champaran at Motihari in
connection with Harsidhi P.S. Case No. 576 of 2024, subject to
Patna High Court CR. MISC. No.38981 of 2026(2) dt.23-06-2026
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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
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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