Patna High Court
Mukesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
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
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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
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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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