Patna High Court
Bachchan SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a), 32, 34, 36, 41(1)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.