Patna High Court
Subodh Kumar @ Subodh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions.
Summary
Subodh Kumar (also known as Subodh Sahni) was arrested on 13 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, based on information from an informant and the testimony of a co‑accused, Brajesh Kumar, who alleged that the petitioner supplied illicit liquor. The petitioner argued that no liquor was recovered from his possession or residence and that the charge was solely based on the co‑accused’s disclosure, making the implication false. The prosecution highlighted the petitioner’s prior criminal case, though he was on bail in that matter. The High Court considered the lack of direct evidence against the petitioner, the nature of the offence, and the bail conditions under the law. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the allegations based on co‑accused testimony.
- Whether the absence of seized liquor from the petitioner’s possession justifies granting bail.
- Whether the petitioner’s prior criminal antecedent affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- false implication
- co‑accused testimony
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40158 of 2026
Arising Out of PS. Case No.-261 Year-2026 Thana- PARSA District- Saran
======================================================
Subodh Kumar @ Subodh Sahni S/o Sudarshan Sahni R/o - Baligaon, P.S -
Parsa, District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.05.2026 in connection with Parsa P.S. Case No. 261 of 2026
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. According to prosecution case, the informant
namely Baleshwar Singh alleged that on 11/05/2026 he along
with other police official had proceeded from station and was
doing vehicle checking near Parsa High School. That around
17:30, he received information that Rajesh Sahni is secretly
selling Alcohol and will be caught if necessary action would be
taken. Making Senior officers aware from the information, he
proceeded toward Anjani Mathiya, there he saw that a person
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started fleeing away on seeing police vehicle. Informant tried to
caught him with help of police team but he left his bag and
succeeded in fleeing away taking advantage of Maize field.
Local Chaukidar identified him as Rajesh Sahni. Local villagers
gathered on seeing police action. Thereafter he searches the bag
following the search procedure. On search, informant recovered
6.800 ml of Country made liquor. He requested from villagers to
became independent witness to the seizure list but nobody
agreed. Thereafter, making two members from police team as
witness. seizure list was prepared. Thereafter, informant started
returning to police station and, in the meanwhile, he received
secret information that Brijesh Kumar is transporting Alcohol on
motorcycle from Bankerwa toward Bhalwaliya and he will be
caught, if necessary, action would be taken. Making Senior
officers aware from the information, he proceeded toward
Bhalwaliya Chowk and started checking of vehicle. During
checking, he saw one motorcycle coming from Bankerwa side
and on this signaled him to stop but motorcycle rider turn the
Bhalwaliya with motorcycle increasing toward speed. Informant
saw a sack tied on his back seat in the light of the torch.
Thereafter, on suspicion, informant chase him with police team
and caught him. Local villagers gathered on seeing police
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action. On enquiry, apprehended person discloses his name as
Brijesh Kumar. Thereafter, informant requested gathered people
to become independent witness for search of motorcycle bearing
registration no. BR 04 AH 6580, Chesis No. but nobody
MBLJAW14XMHA01236 agreed for the same. Thereafter,
making two members from police team as independent witness,
search of the was made. On search. Motorcycle Informant
recovered 100 litre of country made liquor from 5 polythene of
20 litre from sack kept behind motorcycle. Thereafter, seizure
list of the seized article was prepared. On further enquiry about
alcohol, Brajesh Kumar disclosed that he buys the alcohol from
Subodh Sahni and he do the work of passing on his scooty.
Thereafter, taking the seized item, informant returned to Police
station. Thus, the FIR.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case on the
basis of disclosure made by co-accused person, namely, Brajesh
Kumar. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner or
from the house of the petitioner and he has been made an
accused on the basis of disclosure made by co-accused person,
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namely, Brajesh Kumar. Learned counsel for the petitioner next
submits that petitioner is in custody since 13.05.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one case other than the
present case but fairly submits that the petitioner is on bail in the
pending 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 Court of
Exclusive Special Excise Court No. 3, Saran (Chapra) in
connection with Parsa P.S. Case No.261 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
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.
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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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