Patna High Court
Ram Bharosh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Ram Bharosh Sahni was arrested on 22 May 2026 in connection with the seizure of 360 litres of foreign liquor, alleged to be offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not in possession of the liquor, which was recovered from the vehicle, and that the case against him rested solely on the confession of a co‑accused, Saroj Kumar Yadav. The prosecution opposed bail, highlighting three prior criminal antecedents of a similar nature, though noting the petitioner was already on bail for those matters. The High Court, after considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order emphasized that any violation of conditions could lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and the nature of the offences under the Bihar Prohibition and Excise Act.
- Whether the confession of a co‑accused alone suffices to justify continued detention.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- prohibition and excise
- foreign liquor seizure
- criminal antecedent
- co‑accused confession
- Section 30(a) Bihar Prohibition and Excise Act
- Section 41(1) Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40772 of 2026
Arising Out of PS. Case No.-323 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Ram Bharosh Sahni S/o Bauku Sahni Resident of Village- Jamalpur, P.S.-
Jamalpur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Mr. Khurshid Anwar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.05.2026 in connection with Mahishi P.S. Case No. 323 of
2025, F.I.R. dated 29.09.2025 for the offences punishable under
Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. Recovery is of 360 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from the vehicle in question and the petitioner has
Patna High Court CR. MISC. No.40772 of 2026(2) dt.30-06-2026
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been made accused merely on the basis of confession of the co-
accused person namely, Saroj Kumar Yadav. He further submits
that petitioner was not apprehended from the place of
occurrence and except the disclosure made by the apprehended
accused persons, nothing has come during investigation which
suggest the invovlement of the petitioner in the present
occurrence. The petitioner is in custody since 22.05.2026.
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 matters.
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 Judge Excise-I, Saharsa in connection with Mahishi P.S.
Case No. 323 of 2025, 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
Patna High Court CR. MISC. No.40772 of 2026(2) dt.30-06-2026
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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)
Vanisha/-
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