Patna High Court
Mukesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioners.
Summary
The petitioners, Mukesh Sahni and Ajay Kumar, applied for bail in a criminal case (PS Case No‑219/2025) alleging violation of Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022 for the alleged recovery of 60 litres of liquor from an orchard not owned by them. The petitioners argued that they were not arrested at the spot, no liquor was found in their conscious possession, and the case was based solely on secret information without a proper investigation; one petitioner had a prior case, the other had a clean record. They had been in custody since 6 December 2025 and a charge‑sheet had been filed. The State opposed the bail. The Court, after considering the submissions, ordered that both petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the trial court.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022 where the alleged offence is based on recovery of liquor from a place not belonging to the accused and no possession was established.
Subjects
- bail
- Bihar Prohibition and Excise Amendment Act
- Section 30
- liquor seizure
- secret information
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6981 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- BEERPUR District- Begusarai
======================================================
1. Mukesh Sahni Son of Mahendra Sahni Resident of Village - Parra Math,
P.S.- Birpur, District - Begusarai, Bihar.
2. Ajay Kumar @ Ajay Sahni Son of Bishundeo Sahni Resident of Village -
Parra Math, P.S.- Birpur, District - Begusarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 30(a) and (c) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of one case and petitioner no.2 is
a person with clean antecedent and allegation is of recovery of
60 litres of liquor from an orchard. It is next submitted that
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.6981 of 2026(2) dt.06-02-2026
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petitioners and they came to be implicated based on secret
information which is the easiest way to implicate someone,
without holding a proper investigation. It is also submitted that
petitioners are in custody since 06.12.2025 and charge sheet has
been submitted.
4. Learned A.P.P. opposes the prayer for bail of the
petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Birpur P.S. Case No.219/2025.
(Satyavrat Verma, J)
amit/-
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