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Patna High Court

Indal SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to verification of a clean antecedent, a monetary deposit to a charitable institution, and regular attendance at the police station.

Summary

Indal Sahni was arrested in connection with the seizure of 521.250 litres of illicit Indian Made Foreign Liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner, claiming innocence and a clean criminal record, applied for regular bail, offering to donate Rs.25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, verify his clean antecedent, deposit the charitable amount with Ramakrishna Mission Ashrama, and attend the police station on the first and third Sundays of each month. Non‑compliance with these conditions would lead to cancellation of bail. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether imposing conditions such as a charitable donation and periodic police‑station attendance is permissible while granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • prohibition law
  • illicit liquor
  • conditions of bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40661 of 2026
                       Arising Out of PS. Case No.-200 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Indal Sahni Son of Laxman Sahni Resident of Village - Rasulpur Daud, P.S. -
                 Goraul (Kathara), District - Vaishali.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :        Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. The recovery is of 521.250 litres of illicit IMFL

                   from a pick-up van.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 17.05.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.40661 of 2026(2) dt.24-06-2026
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                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of concerned Court below, in connection with

          Goraul P.S. Case No. 200 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       11. As a condition of this order, the petitioner after
              Patna High Court CR. MISC. No.40661 of 2026(2) dt.24-06-2026
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                        being released on bail, is directed to mark his attendance at

                        Goraul (Kathara) Police Station, District- Vaishali on first and

                        third Sunday of the month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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