Patna High Court
Lokesh Sahni @ Lokesh Kumar @ Mukesh Kumar @ Lokash SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Lokesh Sahni was arrested in connection with an Excise case (Sitamarhi Excise PS Case No. 1387 of 2025) for alleged possession of 117 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, while the petitioner highlighted the open nature of the recovery site, the clean antecedent, and the fact that a co‑accused had already been released on bail. The Court noted the absence of material linking the petitioner to the liquor, the lack of compliance with Section 103 of the BNSS, 2023, and the petitioner’s custody duration since 14‑Nov‑2025. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the absence of incriminating material and a clean antecedent.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6568 of 2026
Arising Out of PS. Case No.-1387 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Lokesh Sahni @ Lokesh Kumar @ Mukesh Kumar @ Lokash Sahani Son of
Late Mahendra Sahni @ Mahindra Sahni R/o Village - Bhavdepur ward no. 1,
P.S. - Riga, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sitamarhi Excise PS Case No. 1387 of 2025 instituted for the
offences under Section/s 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 117 liters
liquor was recovered from jute sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.6568 of 2026(2) dt.02-02-2026
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that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 14.11.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023. Other co-accused has been granted bail
by this Court vide order dated 19.01.2026, passed in Cr. Misc.
No. 2534 of 2026.
5. Learned A.P.P. 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, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on 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 Sitamarhi Excise PS
Case No. 1387 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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