Patna High Court

Umesh SahniversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners with specified conditions.

Summary

The petitioners, Umesh Sahni and Shekhar Kumar, were arrested in connection with the recovery of 3,240 litres of foreign liquor from a truck, alleged to be offences under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely driver and cleaner and had no knowledge of the illicit liquor, and that no incriminating material was found in their possession. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the BNSS, 2023 and their clean criminal record. The Court, considering the facts, the period of custody, and the absence of direct evidence, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties each, subject to conditions including family surety for petitioner No.1 and mandatory appearance at trial dates.

Issues considered

Whether bail should be granted to the accused under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act
Whether the lack of compliance with Section 103 of the BNSS, 2023 affects the bail application
Whether the accused’s claim of ignorance and absence of incriminating material warrants bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
illegal liquor
Bihar Prohibition and Excise Act
Section 103 BNSS
criminal procedure
driving and cleaning staff liability
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6335 of 2026
                      Arising Out of PS. Case No.-367 Year-2025 Thana- KARJA District- Muzaffarpur
                 ======================================================
           1.     Umesh Sahni S/O Jaisi Sahni R/o Vill-Purainia, @Parinia, Police Station-
                  Lalganj, District -Vaishali.
           2.    Shekhar Kumar Son of Musafir Sahni R/o, Vill-Bhatouna, P.S- Karja,
                 District- Muzaffarpur.


                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Karja

                   PS Case No. 367 of 2025 instituted for the offences under

                   Sections 30(a), 41 & 47 of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 3240 liters

                   foreign liquor was recovered from truck.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.6335 of 2026(2) dt.02-02-2026
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          got no concern with the alleged recovery of liquor.              It is

          submitted that names of the petitioners have surfaced in this

          case as being driver and cleaner of the vehicle in question,

          respectively and they were oblivious of the fact that illicit liquor

          was laden in the vehicle. The petitioners are in custody since

          25.12.2025 and has got no criminal antecedent/s. There is no

          compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. 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 petitioners be released on bail on furnishing

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

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Karja PS Case No.

          367 of 2025, subject to the following conditions:

                  (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
           Patna High Court CR. MISC. No.6335 of 2026(2) dt.02-02-2026
                                                       3/3




                     the bail bonds of the petitioner No.1.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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