Patna High Court
Ranjeet SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to monetary and surety conditions, as the prosecution failed to demonstrate a necessity for continued detention.
Summary
The petitioner, Ranjeet Sahni, was arrested in connection with a case involving the recovery of liquor, stickers and empty boxes from two motorcycles, and charged under sections 30(a), 30(c), 30(d) and 34(b) of the Bihar Prohibition and Excise Act and sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that no incriminating material was found on him, that he was merely a passer‑by and was implicated on extraneous considerations, and that the prosecution had not complied with Section 103 of the BNSS. The State opposed bail, citing the seriousness of the offences and the petitioner’s nine prior criminal antecedents. The Court, after considering the facts, the period of custody already endured and the lack of material linking the petitioner to the seized liquor, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with cancellation possible on two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023, considering the seriousness of the offences, prior criminal antecedents, and alleged non‑compliance with Section 103 of the BNSS
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- bail
- prohibition act
- excise
- Bharatiya Nyaya Sanhita
- Section 103
- criminal antecedents
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4462 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- JANDAHA District- Vaishali
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Ranjeet Sahni S/o Late Ram Padarath Sahni R/o Village - Indrawara, P.S -
Halai, Tajpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, 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
Jandaha PS Case No. 536 of 2025 instituted for the offences
under Section/s 30(a), 30(c), 30(d) & 34(b) of the Bihar
Prohibition and Excise Act and Sections 274, 275 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 5 liters liquor,
stickers and empty boxes were recovered from two
motorcycles .
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that police has implicated the petitioner on extraneous
consideration and petitioner was merely passerby. The petitioner
is in custody since 13.12.2025 and has got nine (9) criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. 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 and 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Jandaha PS Case No. 536 of 2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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