Patna High Court
Vimlesh Sahni @ Vimlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond and a condition for possible cancellation.
Summary
Vimlesh Sahni was arrested in connection with a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 111 litres of country liquor were recovered from his motorcycle. The petitioner contended that no incriminating article was found in his possession, that the motorcycle had been parked roadside, and that he had no prior criminal record, having been in custody since 4 May 2026. The State opposed the bail application, arguing the seriousness of the alleged offence. The Court, after considering the nature of the allegation, the length of custody, and the petitioner’s clean antecedent, ordered that regular bail be granted on a bond of Rs.10,000 with two sureties. The bail was conditioned that if any antecedent under the Act later emerges, the prosecution may move for its cancellation. Accordingly, the petitioner was released on bail pending trial.
Issues considered
- Whether regular bail should be granted to a person accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s lack of criminal antecedent and the period of custody justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- criminal antecedent
- seizure of liquor
- motor vehicle
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41066 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- RAJEPUR District- East Champaran
======================================================
Vimlesh Sahni @ Vimlesh Kumar S/o Late Lalbabu Sahni @ Lalbabu Sahani
Resident of Village - Bhurkurwa, P.S. - Rajepur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rajepur P.S. Case
no.103 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 111 litres of country
liquor was recovered from the motorcycle of the petitioner and
the petitioner was taken into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession or his motorcycle. He has been falsely implicated in
the case when the motorcycle was parked by the side of the
road. He has no criminal antecedent and is in custody since
4.5.2026.
Patna High Court CR. MISC. No.41066 of 2026(2) dt.01-07-2026
2/2
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody since 4.5.2026 and especially the petitioner
not having any criminal antecedent, the petitioner is directed to
be enlarged on bail in connection with Rejepur P.S. Case no.103
of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No.-
3, Motihari, East Champaran on the following condition :
(I) In case it subsequently transpires that the petitioner
has antecedent under the Bihar Prohibition and Excise Act,
2016, the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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