Patna High Court
Nandkishor SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners, subject to monetary and procedural conditions.
Summary
The petitioners, Nandkishor Sahni and Ajit Kumar Rai, were arrested as driver and co‑driver of a vehicle from which 315 litres of liquor was seized, and were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no liquor was found in their personal possession, that they were not the owners of the vehicle, and that they had no prior criminal record. The petitioners also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material against the petitioners, their role as merely drivers, the period already spent in custody, and the absence of antecedents, the Court inclined to grant bail. Both petitioners were released on bail of Rs. 15,000 each with two sureties, subject to conditions regarding family surety and mandatory appearance in court.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to accused persons charged under the Bihar Prohibition and Excise Act?
- Whether the non‑recovery of the alleged contraband from the accused’s personal possession and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 32(3)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- false implication
- driver
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5953 of 2026
Arising Out of PS. Case No.-1193 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
1. Nandkishor Sahni S/O Late Fulchan Sahni R/O Village - Raiyni, Ward No.-
08, P.S- Shakra, District- Muzaffarpur
2. Ajit Kumar Rai @ Ajit Kumar S/O Ashok Rai R/O Vill.- Velpara, Ward no.-
04,P.S- Ghanshyampur, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with JAM
P.S. Case No. 1193 of 2025 instituted for the offences
punishable under Sections 30(a), 32(3) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 315 litres
of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.5953 of 2026(2) dt.31-01-2026
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the co-driver and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 28.11.2025 and have no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no. 2 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with JAM P.S.
Case No. 1193 of 2025.
8. Let the petitioner no. 1 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with JAM P.S.
Case No. 1193 of 2025, subject to the following conditions:
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(I) One of the bailors shall be own/close member of
the family of the petitioner no.1.
(II) The petitioner no.1 shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner no.1.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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