Patna High Court
Lakshmi Sahni @ Lakhmi SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail with conditions.
Summary
Lakshmi Sahni was arrested in connection with the recovery of 403 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner pleaded innocence, clean antecedents, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the facts, allowed the petition for regular bail, directing the petitioner to furnish bail bonds of Rs. 10,000 each with two sureties, deposit Rs. 25,000 with a specified charitable trust, attend the police station every Sunday, and undergo antecedent verification. The court emphasized that its observations were prima facie and not to influence the trial. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed by the court for bail are lawful and appropriate.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- regular bail
- bail conditions
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal procedure
- charitable donation
- attendance requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41284 of 2026
Arising Out of PS. Case No.-259 Year-2026 Thana- PAROO District- Muzaffarpur
======================================================
Lakshmi Sahni @ Lakhmi Sahni S/o Ram Lal Sahni Resident of Village-
Baijalpur, PS- Paroo, District- Muzaffarpur,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Adv.
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Paroo P.S. Case No. 259 of 2026, registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. As per the prosecution case, there is a recovery of
403 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 11.05.2026 and claims clean
antecedent. The petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand Only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
Patna High Court CR. MISC. No.41284 of 2026(2) dt.24-06-2026
2/3
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Paroo P.S. Case No.
259 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. with further conditions that:-
(i) The petitioner shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) with
Ramakrishna Mission Sevashrama,
Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before
the court below. The bail bonds shall
be accepted only after verification of
the genuineness of the said receipt.
(ii) The petitioner shall
mark his attendance at Paroo Police
Station on every Sunday of each
month. In the event of default, the bail
bonds shall be liable to be cancelled.
(iii) At the time of
acceptance of bail bonds, the court
below shall verify the antecedents of
the petitioner. The bail bonds shall be
accepted only upon confirmation that
Patna High Court CR. MISC. No.41284 of 2026(2) dt.24-06-2026
3/3
the petitioner has no criminal
antecedent. However, such verification
shall not be used as a ground to
unnecessarily delay acceptance of the
bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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