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Patna High Court

Mukesh SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         2/2




                       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/-

U        T


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