Patna High Court
Rahul SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a), 30(d), 32, 41(1)
- Indian Penal Code — s. 272, 273
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
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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/-
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