Patna High Court
Vikram Sahani @ Bikram SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioners with specified monetary and attendance conditions, subject to verification of their antecedent and donation receipt.
Summary
The petitioners, Vikram Sahani and Bharat Mukhiya, were arrested in connection with the seizure of 40 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, claiming innocence, lack of prior criminal record, and willingness to donate Rs.20,000 each to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts, the petitioners' clean antecedent, and the nature of the offence, ordered that bail be granted upon furnishing bonds of Rs.10,000 each with two sureties, subject to a donation of Rs.20,000 to the Ramakrishna Mission Ashram and regular attendance at the police station. The bail bonds are to be accepted only after verification of the donation receipt and the petitioners' antecedent. Non‑compliance with the conditions will result in cancellation of bail.
Issues considered
- What is the appropriateness of granting bail to the accused under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioners' clean antecedent and willingness to make a charitable donation justify bail?
- What conditions, if any, should be imposed on bail in this case?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44617 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
1. Vikram Sahani @ Bikram Sahani S/O Lalji Sahani @ Laljee Sahani @ Lalji
Sahni Resident of village- Semra Man, P.s.- Nawalpur, District- West
Champaran, bihar
2. Bharat Mukhiya S/O Vichandi Mukhiya @ Bichandi Mukhiya Resident of
village- Semra Man, P.s.- Nawalpur, District- West Champaran, bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Mohan
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Nawalpur P.S. Case No. 96 of 2026 registered for the offence
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The recovery is of 40 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they are in custody since
9.4.2026.
5. Learned counsel for the petitioner submits that the
petitioners are ready to donate Rs. 20,000/- each in some
charitable organization without accepting his guilt. He further
Patna High Court CR. MISC. No.44617 of 2026(2) dt.08-07-2026
2/3
submits that the petitioners have no criminal antecedent.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioners, let
the petitioners, above named, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
concerned Court below in connection with Nawalpur P.S. Case
No. 96 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs. 20,000/- each in
Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and
produce the receipt of the same before the Court below. The bail
bonds of the petitioners shall be accepted after verifying the
genuineness of the receipt produced by the petitioners.
9. As a condition of this order, the petitioners after
being released on bail are directed to mark his attendance at
Nawalpur Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. As the petitioners claim to have clean antecedent,
Patna High Court CR. MISC. No.44617 of 2026(2) dt.08-07-2026
3/3
the Court below, before accepting the bail bonds of the
petitioners is directed to verify the antecedent of the petitioners.
If the petitioners are found to be involved in any other case then
the bail bonds of the petitioners shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
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