Patna High Court

Ajeet Sahni @ Ajeet Kumar Sahni @ NishadversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and surety conditions.

Summary

The petitioner, Ajeet Sahni, sought anticipatory bail fearing arrest in a case involving the seizure of 639 litres of liquor from five motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that his name was implicated solely on the basis of a co‑accused’s statement and that he had no involvement with the liquor or the motorcycles, also pointing out non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima‑facie material and, noting the petitioner’s claim of false implication, ordered that he be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under the cited statutes
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)

Subjects

anticipatory bail
liquor seizure
false implication
prohibition act
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5915 of 2026
                     Arising Out of PS. Case No.-130 Year-2025 Thana- DEODHA District- Madhubani
                 ======================================================
                 Ajeet Sahni @ Ajeet Kumar Sahni @ Nishad S/o Bhogendra Sahani R/o
                 Village - Madhiya (Kamalawari), P.S - Basopatti, District - Madhubani
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Archna Aanand, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Deodha PS Case No. 130 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act and Sections 274, 275 & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.       The prosecution case, in short, is that total 639

                   litres of liquor was recovered from five motorcycles.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by apprehended co-accused person. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.5915 of 2026(2) dt.03-02-2026
                                                       2/2




                     liquor. It is submitted that petitioner has no concern with the

                     motorcycles in question. The petitioner has three criminal

                     antecedents. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. Other co-accused has been

                     granted bail by this Court vide order dated 16.12.2025, passed

                     in Cr. Misc. No. 86679 of 2025.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Deodha PS Case

                     No. 130 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


Raj Kishore/-                                                     (Rudra Prakash Mishra, J)
U      T

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