Patna High Court
Dinesh Sahni @ Dinesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Dinesh Sahni, was arrested in connection with alleged illegal liquor possession under Section 30(a) of the Excise Act, with accusations of recovering 100 litres of liquor from a field and 80 litres from a courtyard. He had four prior cases under the Excise Act and had been in custody since 23 March 2026. The petitioner argued that he was implicated by a hostile watchman and that the police relied on secret information and a mechanical confessional statement without proper investigation. The State opposed bail. The court, after considering the submissions, ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties, directing compliance with the trial court's conditions, and allowed the bail application.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Excise Act in view of the alleged offences and prior cases
- Whether the manner of investigation and the role of the watchman affect the bail eligibility
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- illegal liquor
- criminal procedure
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45620 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Dinesh Sahni @ Dinesh Sahani Son of Heeranand Sahni 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 : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and is in custody since 23.03.2026 and allegation is of recovery
of 100 litres of liquor from a field near washroom of the
petitioner and 80 litres of liquor from courtyard of Ramavati
Devi.
4. The learned counsel for the petitioner submits that
petitioner came to be implicated at the instance of Chaukidar
with whom he is on an inimical term. It is next submitted that
police in majority of cases implicating innocent persons either at
Patna High Court CR. MISC. No.45620 of 2026(2) dt.10-07-2026
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the behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum 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.861 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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