Patna High Court
Naresh Sahni @ Mannu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding insufficient evidentiary material and deeming the offences non‑graver for bail denial.
Summary
Naresh Sahni was arrested in connection with the recovery of 1,360 litres of liquor from a Tata Magic vehicle, alleged to violate Sections 274, 275 and 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, asserting no ownership or control of the vehicle and that the only evidence against him was a confessional statement of a co‑accused, which he argued lacked evidentiary value. He also highlighted that he had not been arrested on the spot, had three prior criminal antecedents for which he was already out on bail, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of direct incriminating material, the petitioner’s custody period, and the precedent of bail granted to a co‑accused, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and a requirement to appear at every trial date.
Issues considered
- What is the evidentiary value of a co‑accused’s confessional statement in a bail application?
- Does the nature of the offences under the Bihar Prohibition and Excise Act justify denial of bail?
- Should the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affect the grant of bail?
- Do the petitioner’s prior criminal antecedents preclude bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 274, 275, 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- confessional statement
- Section 103
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7549 of 2026
Arising Out of PS. Case No.-993 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Naresh Sahni @ Mannu Sahani S/o- Shivdhar Sahni Village- Shambhopatti
PS-Mahua District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, 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 Mahua
P.S. Case No. 993 of 2025, instituted for the offences punishable
under Sections 274, 275 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 1360 liters
liquor was recovered from Tata Magic vehicle.
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. Learned counsel
Patna High Court CR. MISC. No.7549 of 2026(2) dt.02-02-2026
2/3
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused,
namely, Rahul Kumar and the same has got no evidentiary
value. It is next submitted that the petitioner is neither owner
nor driver of the vehicle in question. The petitioner is in custody
since 09.12.2025 and has got three criminal antecedents in
which he is on bail. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 03.12.2025 passed in Cr. Misc. No.
82701 of 2025. There is no compliance of Section 103 of the
Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mahua P.S. Case No.
993 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.7549 of 2026(2) dt.02-02-2026
3/3
(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)
Rajorshi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.