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Patna High Court

Rahul SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a bond, a charitable donation, verification of receipt, and weekly police‑station attendance.

Summary

Petitioner Rahul Sahani was arrested in connection with a case involving the seizure of 70 litres of country-made liquor and 1,400 litres of semi‑prepared liquor, alleged to be offences under IPC sections 272 and 273 and several provisions of the Bihar Prohibition & Excise Act. He had been in custody since 27 February 2026 and applied for regular bail, contending that he was implicated only on suspicion and was not arrested at the scene. He also offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the submissions and the period of custody, granted bail on a bond of Rs.10,000 with two sureties, conditioned on the donation, verification of the receipt, and weekly attendance at the police station, clarifying that the order is limited to the bail application and does not prejudice the trial.

Issues considered

  • Whether bail should be granted in a case involving offences under IPC sections 272, 273 and the Bihar Prohibition & Excise Act.
  • Whether the petitioner’s claim of being implicated only on suspicion and his willingness to make a charitable donation affect the bail decision.
  • What conditions, if any, may be imposed on the grant of bail in such offences.

Legislation cited

Subjects

  • regular bail
  • IPC 272
  • IPC 273
  • Bihar Prohibition & Excise Act
  • criminal procedure
  • seizure of liquor
  • suspicion
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41303 of 2026
                  Arising Out of PS. Case No.-489 Year-2023 Thana- HARSIDHI District- East Champaran

                 ======================================================
                 Rahul Sahani Son of Sipahi Sahani Resident of Village - Damobriti, P.S.-
                 Harsidhi, District - East Champaran.
                                                                            ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Aditya Raj Singh, Advocate
                 For the State             :         Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   learned Additional Public Prosecutor appearing on behalf of the

                   State.

                                      2.       The    petitioner     seeks        regular   bail   in

                   connection with Harsidhi P.S. Case No.489 of 2023 registered

                   for the offence under sections 272 and 273 of the Indian Penal

                   Code and under sections 30(a), 30(d), 32 and 41(1) of the Bihar

                   Prohibition & Excise Act.

                                      3.       About 70 litres of country made liquor and

                   1400 litres of semi-prepared liquor has been recovered from an

                   open piece of land.

                                      4.       The    petitioner     is      in     custody    since

                   27.02.2026.

                                      5.       It has been submitted by learned counsel for
Patna High Court CR. MISC. No.41303 of 2026(2) dt.24-06-2026
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          the petitioner that the petitioner was not arrested from the place

          of occurrence rather, he has been implicated in this case only on

          the basis of suspicion.

                          6.      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.

                          7.      Learned APP appearing for the State opposes

          the prayer for bail of the petitioner.

                          8.      Considering the submissions of learned

          counsel for the petitioner and also his period of custody, this bail

          application is allowed.

                          9.      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 Excise Court No.1, East

          Champaran, Motihari / concerned Court below, in connection

          with Harsidhi P.S. Case No.489 of 2023.

                          10.     This is also subject to the condition that the

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

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur, and produce the receipt of the same before

          the Court below at the time of furnishing bail bonds. The bail
              Patna High Court CR. MISC. No.41303 of 2026(2) dt.24-06-2026
                                                          3/3




                        bonds of the petitioner shall only be accepted after verifying the

                        genuineness of the receipt produced by him.

                                        11.     This is also subject to the condition that the

                        petitioner shall also mark his attendance at Harsidhi Police

                        Station, District- East Champaran on every Sunday of the

                        month. Any default in appearance at the Police Station would

                        result in cancellation of bail bonds of the petitioner.

                                        12.     It is, however, clarified that the observations

                        made herein are limited to the adjudication of the present bail

                        application and shall not prejudice the case of the petitioner at

                        any subsequent stage of the trial and this Court has not

                        expressed any opinion on the merits of the case.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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