Patna High Court

Dhananjay Sahani @ Dhananjay KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner, subject to bond and conditions, despite the allegations.

Summary

The petitioner, Dhananjay Sahani, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 315 litres of liquor were recovered from two motorcycles. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicles involved. The petitioner had been in custody since 9 December 2025 and possessed two prior criminal antecedents, while the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the lack of direct evidence and the procedural lapse, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety and regular appearance in court.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the alleged offence under the Bihar Prohibition and Excise Act
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants the grant of bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
false implication
criminal antecedents
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7546 of 2026
                   Arising Out of PS. Case No.-443 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Dhananjay Sahani @ Dhananjay Kumar S/o Lalu Sahani @ Surendra Sahani
                 R/o Mehwa, P.S.- Sugauli, Dist.- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vishal Prasad, Advocate
                                                  Ms. Tripti Singh, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sugauli

                   P.S. Case No. 443 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 315 litres

                   of liquor was recovered from two motorcycles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicles in

                   question or the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.7546 of 2026(2) dt.10-02-2026
                                                       2/2




                     custody since 09.12.2025 and has two criminal antecedents.

                     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 petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also 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/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sugauli P.S. Case

                     No. 443 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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