Patna High Court
Deepak SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Deepak Sahani, was charged under IPC sections 272, 273 and 34 and several provisions of the Bihar Prohibition and Excise Act for allegedly recovering 290 litres of liquor and 8,000 litres of raw material from a riverbank. He contended that he has a clean record, that the seized liquor was not in his possession, and that the location does not belong to him, arguing that the chowkidar who implicated him had no reason to delay reporting to police. He had been in custody since 20 November 2025. The State opposed bail, citing the seriousness of the offences. The Court, after considering the petitioner's clean antecedents and lack of direct possession, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the IPC and the Bihar Prohibition and Excise Act
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
- Whether the circumstances of the alleged recovery justify continued detention
Legislation cited
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- IPC
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5060 of 2026
Arising Out of PS. Case No.-62 Year-2023 Thana- TURKAULIYA District- East Champaran
======================================================
Deepak Sahani Upendra Sahani R/O Village- Jhakhiya, P.S- Banjariya,
District- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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, 273, 34 of the IPC &
Sections 30(a), 32, 34, 36, 41(1), 44 and 45 of Bihar Prohibition
and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 290 litres of liquor from a place near bank of a river
along with 8000 litres of raw material which was destroyed at
the spot. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
Patna High Court CR. MISC. No.5060 of 2026(2) dt.30-01-2026
2/2
large and he came to be implicated at the instance of chowkidar
but then it is submitted that if chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
next submitted that petitioner is in custody since 20.11.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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
Turkauliya (Banjariya) P.S. Case No.62/2023.
(Satyavrat Verma, J)
amit/-
U T
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