Patna High Court

Sudish SahaniversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

Bail was granted to the petitioner.

Summary

Sudish Sahani was arrested in connection with the alleged recovery of 245 litres of spirit from an open field and charged under Section 30(a) of the Bihar Excise Act. He contended that he was not caught in possession, the alleged recovery was from land not belonging to him, and that the case was based on secret information without proper investigation. The petitioner also highlighted his antecedent record of four prior cases, arguing that the prosecution’s claim of five antecedents was erroneous. The State opposed bail, but the court considered the lack of direct possession, the nature of the evidence, and the petitioner’s custody since 14‑12‑2025. The court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the trial court’s conditions.

Issues considered

Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Excise Act given the circumstances of alleged recovery and the accused's antecedent record.

Subjects

bail
excise law
Section 30(a)
antecedent record
secret information
open field recovery
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5634 of 2026
                    Arising Out of PS. Case No.-948 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Sudish Sahani R/o Rambabu Sahni @ Ramababu Sahni R/o Village -
                 Dakrama, Ward no. 2, P.S. - Hathauri, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nachiketa Jha
                 For the Opposite Party/s :        Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-02-2026               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 Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases but then was acquitted in

                   one case, as such as of date he has antecedent of four cases, but

                   then a defect was pointed out by the office with regard to

                   antecedent based on the antecedent recorded in the order

                   impugned which recorded that petitioner has antecedent of five

                   cases, it is next submitted that initially at para-3 it was pleaded

                   that petitioner has antecedent of four cases, but since the defect

                   was pointed out as such a supplementary affidavit has been filed
Patna High Court CR. MISC. No.5634 of 2026(2) dt.05-02-2026
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          bringing the aforesaid fact on record. Learned counsel next

          submits that allegation is of recovery of 245 litres of spirit from

          an open field.

                   4.     Learned counsel for the petitioner submits that the

          petitioner was not arrested from the spot as such nothing was

          recovered from his conscious possession and even the alleged

          recovery is from an open field which does not belong to the

          petitioner and he came to be implicated based on secret

          information which is the easiest way to implicate someone. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation. It is also submitted that petitioner is in custody

          since 14-12-2025.

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

          the prayer for bail of the petitioner.

                   6.     Considering the submission made by learned

          counsel for the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond 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
              Patna High Court CR. MISC. No.5634 of 2026(2) dt.05-02-2026
                                                          3/3




                        pending/successor court in connection with Muzaffarpur Excise

                        P.S. Case No. 948 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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