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Patna High Court

Merolal SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Merolal Sahani, was arrested in connection with a case alleging possession of 110 litres of illicit country-made liquor recovered from an open public area, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his personal possession, that he has no prior criminal record, and that the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the lack of direct incriminating evidence against the petitioner, and the procedural lapse, and decided that bail was appropriate. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct incriminating evidence.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • false implication
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4240 of 2026
                   Arising Out of PS. Case No.-580 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Merolal Sahani S/o- Horil Sahani Resident of village- Muswa Bheriyari P.S.-
                 Sugauli District- East Champaran

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sugauli

                   P.S. Case No. 580 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 110 litres

                   of illicit country-made liquor has been recovered from paddy

                   straw and gallon.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The
             Patna High Court CR. MISC. No.4240 of 2026(2) dt.27-01-2026
                                                         2/2




                       petitioner has got no concern with the alleged recovery of

                       liquor. The petitioner is in custody since 21.11.2025 and has no

                       criminal antecedent. There is no compliance of Section 103 of

                       the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Sugauli P.S. Case

                       No. 580 of 2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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