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Patna High Court

Bachchan SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Bachchan Sahani was arrested in connection with the recovery of 140 litres of country-made liquor and charged under Sections 30(a), 32, 34, 36 and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, noting that no incriminating article was found in his possession and that he had been in custody since 1 May 2025. The State opposed the bail application, arguing that the offences were serious under the Excise Act. The Court examined the length of custody, the absence of any seized contraband on the petitioner, and the fact that the charge had only been framed on 12 February 2026. Considering these circumstances, the Court allowed the regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act where no incriminating article has been recovered from his possession.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • criminal procedure
  • custody period
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55366 of 2025
                      Arising Out of PS. Case No.-357 Year-2023 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Bachchan Sahani S/o Ramchandra Sahani Resident of Village - Jhakhiya, P.S.
                 - Banjariya, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhurendra Kumar , Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-02-2026                        Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                           2. Petitioner seeks regular bail in a case registered for the

                   offences punishable under Sections 30 (a) , 32, 34, 36, and 41 (1) of

                   Bihar Prohibition and Excise Act.

                           3 . Prosecution case is that 140 liters country made liquor

                   were recovered from bank of Jhakhiya, Chhath ghaat.

                           4. Learned counsel for the petitioner submitted that petitioner

                   is innocent and has falsely been implicated in this case . No

                   incriminating article has been recovered from possession of this

                   petitioner.     Petitioner is in custody since 01.05.2025 . Charge has

                   already been framed on 12.02.2026 .

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

                   application .
            Patna High Court CR. MISC. No.55366 of 2025(4) dt.12-02-2026
                                                        2/2




                                     6. Considering the period of custody and other

                      circumstances of the case , the bail application is allowed . Let the

                      above named petitioner be released on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned         Exclusive special Excise Court

                      No. 1 East Champaran at Motihari in connection with Turkauliya

                      P. S. Case No. 357 of 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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