Patna High Court
Rajendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to bond and conditions.
Summary
Petitioner Rajendra Sahani was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 250 litres of country‑made liquor concealed in paddy straw. The prosecution alleged that the liquor was recovered from a public area and that the petitioner’s name was identified by a local chowkidar. The petitioner contended that no incriminating material was found in his possession, he was falsely implicated, and the recovery was from an open place; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Despite three prior criminal antecedents and having been in custody since 7 December 2025, the State opposed bail. The High Court, after considering the circumstances and the procedural lapse, granted bail on the condition of a Rs 15,000 bond with two sureties and imposed standard bail conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of recovery and the accused’s antecedents.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedents
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7724 of 2026
Arising Out of PS. Case No.-544 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rajendra Sahani S/o- Babulal Sahani R/v- Jagatiya Ps- Pakridayal District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parvin Kumar, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(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
Pakaridayal P.S. Case No. 544 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 250
liters of country made liquor was recovered from plastic sac
hidden in paddy straw.
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.7724 of 2026(2) dt.10-02-2026
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for the petitioner further submitted that the recovery has been
made from open place, which is accessible to public at large.
The name of the petitioner has been disclosed by the local
Chowkidar. The petitioner is in custody since 07.12.2025 and
has got three criminal antecedents. 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 Pakaridayal P.S.
Case No. 544 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
Patna High Court CR. MISC. No.7724 of 2026(2) dt.10-02-2026
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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