Patna High Court
Laxman Sahani @ Lakshman SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Laxman Sahani, was arrested in connection with the seizure of 80 litres of country‑made liquor and two gas cylinders, alleged to be offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. The prosecution identified him as one of the persons who fled the scene, while the petitioner claimed he was falsely implicated, that the name was supplied by a hostile chowkidar, and that the procedural safeguards under Sections 103 and 105 of the B.N.S.S. were not observed. He also argued that nothing was recovered from his conscious possession and cited his two prior criminal antecedents, for which he was already on bail. The State opposed the bail application. After hearing both sides and reviewing the record, the Court held that bail should be granted, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount. The application for regular bail was therefore allowed.
Issues considered
- Whether bail should be granted in offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the procedural requirements under Sections 103 and 105 of the B.N.S.S. were complied with.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- procedural lapse
- criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39073 of 2026
Arising Out of PS. Case No.-15 Year-2024 Thana- Raghunathpur District- East Champaran
======================================================
Laxman Sahani @ Lakshman Sahni S/o Rambabu Sahani R/o Village -Bintoli
(Chailaha),Ward No. 04 P.S. -Banjaria ,District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Raghunathpur P.S. Case
No. 15 of 2024 registered for the offences punishable under
Sections 30(a) and 30(d) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 80 litres of
country made liquor and two gas cylinders were recovered near
the bank of river. The petitioner was identified to be one of the
persons who fled away from the place of seizure.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the name of the
petitioner was disclosed by the local chowkidar with whom the
Patna High Court CR. MISC. No.39073 of 2026(2) dt.17-06-2026
2/2
petitioner has enmity. It has next been submitted that the
procedure prescribed under Sections 103/105 of the B.N.S.S.
has not been followed. It has also been submitted that nothing
has been recovered from the conscious possession of the
petitioner. Lastly, it has been submitted that the petitioner has
got two criminal antecedents in which he is on bail and he is in
custody since 02.05.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, East Champaran, in connection with
Raghunathpur P.S. Case No. 15 of 2024.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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