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Patna High Court

Kishori SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Kishori Sahani was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 80 litres of liquor were recovered from an open field. The petitioner argued that he was falsely implicated, had no incriminating article in his possession, no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence against the petitioner, his clean record, and the procedural lapse, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The petitioner was ordered to be released upon furnishing the bail conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • Section 30(a)
  • Section 103
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4637 of 2026
                   Arising Out of PS. Case No.-619 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Kishori Sahani Son of Late Shivpujan Sahani R/o - Kaithwaliya, P.S.-
                 Sugauli, Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vishal Prasad, Advocate
                                                  Mrs. Tripti Singh, Advocate
                                                  Mr. Sonu Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sugauli

                   P.S. Case No. 619/2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 80 litres

                   of liquor has been recovered from field.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The
             Patna High Court CR. MISC. No.4637 of 2026(2) dt.28-01-2026
                                                         2/2




                       petitioner has got no concern with the alleged recovery of

                       liquor. The petitioner is in custody since 04.12.2025 and has no

                       criminal antecedent. There is no compliance of Section 103 of

                       the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP 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 as also 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 on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Sugauli P.S. Case

                       No. 619/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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