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Patna High Court

Nandkishor Kumar @ Nandkishor SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is eligible for regular bail and ordered his release on bail.

Summary

The petitioner, Nandkishor Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 200 litres of country‑made liquor, five gas cylinders and a bhatti chulha. He contended that he was falsely implicated, that there were no independent witnesses to the seizure, and that similarly situated co‑accused had already been granted regular bail. The State opposed the bail application. The court examined the FIR, seizure list and the earlier bail orders granted to the co‑accused, and found no material distinction justifying continued detention. Consequently, the court granted regular bail on the condition of a bail bond of Rs. 10,000 with two sureties, directing release pending trial.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged seizure of illicit liquor and equipment.
  • Whether the absence of an independent witness to the seizure list and the grant of bail to co‑accused affect the bail decision.

Legislation cited

Subjects

  • bail
  • regular bail
  • prohibition law
  • excise
  • seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44364 of 2026
                  Arising Out of PS. Case No.-135 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Nandkishor Kumar @ Nandkishor Sahani, aged about 35 years, Male, Son of
                 Late Sipahi Sahni, Resident of village - Damobriti, P.S.- Harsidhi, District -
                 East Champaran.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Harsidhi P.S. Case No. 135 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per allegation in the FIR, total 200 litres of

                   country made liquor, 05 gas cylinder and 01 Bhatti Chulha has

                   been recovered from the place of occurrence (Damoviriti Sareh).

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case only on the basis of

                   suspicion. He submits that there is no independent witness of

                   the seizure list. He further submits that similarly situated co-
Patna High Court CR. MISC. No.44364 of 2026(2) dt.08-07-2026
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          accused persons namely Rahul Sahani and Nandu Sahani have

          been granted regular bail by a Co-ordinate Benches of this Court

          in Cr. Misc. Nos.52311 of 2025 and 51547 of 2025 vide orders

          dated 07.08.2025 and 30.07.2025, respectively. Petitioner is in

          custody since 09.04.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and impugned

          order of the learned Exclusive Special Excise Court No. 1, East

          Champran, Motihari dated 04.05.2026, it appears that petitioner

          is named in the FIR. From perusal of the records, it appears that

          on the basis of written report of the informant, FIR has been

          registered under Section 30(a) of the Bihar Prohibition and

          Excise Act against the above named petitioner and the allegation

          is recovery of total 200 litres of country made liquor, 05 gas

          cylinder and 01 Bhatti Chulha from the               Damoviriti Sareh.

          Petitioner is in custody since 09.04.2026, no any independent

          witness of the seizure list and similarly situated Co- accused

          persons namely Rahul Sahani and Nandu Sahani have been

          granted regular bail by a Co-ordinate Benches of this Court in

          Cr. Misc. Nos.52311 of 2025 and 51547 of 2025 vide orders

          dated 07.08.2025 and 30.07.2025, respectively, so considering
            Patna High Court CR. MISC. No.44364 of 2026(2) dt.08-07-2026
                                                        3/3




                      all these aspects of the case and submission of learned counsel

                      for the petitioner, I am inclined to grant regular bail to the above

                      named petitioner.

                                   7. Accordingly the prayer for regular bail of the

                      petitioner is allowed. Let the petitioner above named be released

                      on regular bail on furnishing bail bonds 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,

                      Civil Court, East Champaran at Motihari, Bihar in connection

                      with Harsidhi P.S. Case No. 135 of 2025.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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