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Patna High Court

Vimlesh Sahni @ Vimlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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