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Patna High Court

Mukesh SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a cash bond and surety conditions.

Summary

Mukesh Sahani was arrested in connection with the recovery of 265 litres of liquor near a ghat and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) 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 his name was recorded only on the basis of a local chowkidar’s statement. The State opposed bail, emphasizing the petitioner’s eight prior criminal convictions. The Court noted the lack of compliance with Section 103 of the B.N.S.S. and the open‑public nature of the recovery, and, after considering the circumstances and period of custody, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

  • Whether bail should be granted to the petitioner despite his eight prior criminal convictions.
  • Whether the prosecution has complied with Section 103 of the Bharatiya Nyaya Sanhita, 2023 in the present case.
  • Whether the evidence linking the petitioner to the recovered liquor is sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • prohibition law
  • liquor seizure
  • antecedents
  • Section 103 compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.759 of 2026
                   Arising Out of PS. Case No.-29 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Mukesh Sahani Son of Late Chhadari Sahani Resident of Village- Jhakhiya,
                 P.S.- Banjariya, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Banjariya P.S. case No.

                   29 of 2025 instituted for the offences under Sections 274, 275 of

                   Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 265 liters

                   liquor was recovered from near a ghat.

                               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
Patna High Court CR. MISC. No.759 of 2026(2) dt.19-01-2026
                                            2/3




          further submitted that the name of the petitioner has transpired

          on the basis of disclosure made by local chowkidar. Recovery

          has been made from an open place accessible to public at large.

          The petitioner is in custody since 26.08.2025 and has got eight

          criminal antecedents. There is no compliance of Section 103 of

          B.N.S.S., 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. The

          petitioner has eight criminal antecedents, hence, he does not

          deserve bail.

                       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, after framing

          of charge, if not already framed, 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 Banjariya P.S. case No. 29 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
           Patna High Court CR. MISC. No.759 of 2026(2) dt.19-01-2026
                                                       3/3




                     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)
Pankaj/-

U      T


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