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Patna High Court

Dinesh Sahni @ Dinesh SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Dinesh Sahni, was charged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act for allegedly recovering 270 litres of liquor from a public place in Damovriti. He has six prior cases, four under the Excise Act, and has been in custody since 9‑April‑2026. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and that he was implicated by a chowkidar with whom he has a personal enmity, suggesting a mechanically driven investigation. The State opposed the bail application, citing the seriousness of the offences and the petitioner’s criminal antecedents. Considering the lack of seizure from his possession, the circumstances of his arrest, and the period of custody, the court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties.

Issues considered

  • Whether bail should be granted to an accused charged under IPC Sections 272, 273 and Bihar Excise Act Section 30(a) given the nature of the offences and the petitioner’s prior criminal record.
  • Whether the absence of seizure of the alleged contraband from the petitioner’s possession and the manner of his arrest justify bail.

Legislation cited

Subjects

  • bail
  • IPC 272
  • IPC 273
  • Bihar Excise Act
  • liquor seizure
  • excise offences
  • prior criminal record
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44964 of 2026
                  Arising Out of PS. Case No.-650 Year-2022 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Dinesh Sahni @ Dinesh Sahani Son of Hiranand Sahni @ Hirnandan Sahani
                 @ Harinandan Sahani Resident of Village- Damovriti, P.S.- Harsidhi, District-
                 East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Ms.Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272 and 273 of the Indian

                   Penal Code and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of six cases out of which four cases are

                   under the Excise Act and is in custody since 9-4-2026 and

                   allegation is of recovery of 270 litres of liquor from Damovriti

                   Chawar.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged
              Patna High Court CR. MISC. No.44964 of 2026(2) dt.03-07-2026
                                                          2/2




                        recovery is from a place which does not belong to the petitioner

                        and is accessible to public at large and he came to be implicated

                        at the instance of Chowkidar with whom he is on an inimical

                        term. It is further submitted that once an accused is implicated

                        in a case relating to excise, the police starts implicating

                        mechanically either at the instance of Chowkidar, local person,

                        confessional statement or secret information without holding a

                        proper investigation.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner and taking into consideration the

                        period of custody, let the petitioner, above named, be released

                        on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Harsidhi P.S. Case

                        No. 650 of 2022.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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