Patna High Court
Arvind SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners subject to specified conditions.
Summary
The petitioners, Arvind Sahni and Mahesh Kumar, were arrested in Dobhi police station for alleged offences under Sections 30(a), 32(1), 32(2), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act after 2073.6 litres of liquor were recovered from a truck. They contend they were merely the driver and cleaner of the vehicle, had no knowledge of the contraband, and possess no criminal antecedent, arguing that no incriminating material was found on them and that Section 103 of the B.N.S.S., 2023 was not complied with. The State opposed bail. Considering the clean antecedent, the short period of custody since 04‑12‑2025, and the lack of direct evidence, the Court inclined to grant bail, ordering release of petitioner 1 after charge framing and petitioner 2 on furnishing bail bonds of Rs 15,000 each with two sureties, subject to conditions regarding surety, appearance, and non‑tampering with evidence. The order disposes of the bail petition with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act given the facts of recovery of liquor and their alleged role as driver/cleaner
- Whether the lack of incriminating material on the petitioners and their clean antecedent justify bail
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required for bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(1), 32(2), 36, 41(1), 41(2)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- driver
- clean antecedent
- Section 103 B.N.S.S. 2023
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4810 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- DOBHI District- Gaya
======================================================
1. Arvind Sahni S/o China Sahni R/o Village - Sumerganj, P.S - Kathara
(Wrongly mentioned in Chehrakala Mahua in Fardbeyan of FIR), District -
Vaishali
2. Mahesh Kumar S/o Kedar Sahni R/o Village - Rewa, P.S - Saraiya, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Dobhi P.S. case No. 311
of 2025 instituted for the offences under Sections 30(a), 32(1),
32(2), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 2073.6 liquor
was recovered from truck and both the petitioners were arrested
on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
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from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor. It is
further submitted that petitioners were not the owner of the
truck in question rather the petitioners were driver and clean of
the vehicle and they had no knowledge regarding the nature of
goods kept in vehicle. The petitioners are in custody since
04.12.2025 and have got no criminal antecedent. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioner No. 1 be released on bail after
framing of charge, if not already framed whereas petitioner
No. 2 be released on bail on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) each with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Dobhi P.S. case No. 311 of 2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(III) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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