Patna High Court
Dharmendra SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dharmendra Sahni, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging recovery of 30 litres of liquor from a public drain. He has six prior cases, three under the Excise Act, and has been in custody since 24‑11‑2025. The petitioner's counsel argued that he was not arrested at the spot, no liquor was found in his possession, and the recovery was based solely on a confessional statement of another accused, which lacks evidentiary value. The State opposed bail. The court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, to be satisfied by the trial court where the case is pending.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 given the petitioner’s prior record and the nature of the alleged offence.
- Whether a confessional statement of an apprehended co‑accused, lacking evidentiary value, can justify denial of bail.
- Whether the absence of seizure of liquor from the petitioner’s possession and the fact that the alleged recovery site is a public place affect the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise law
- confessional statement
- evidentiary value
- public place
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8089 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- BEERPUR District- Begusarai
======================================================
Dharmendra Sahni Son of Late Damodar Sahni R/o Village - Sahuri, P.S. -
Birpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases, out of which, three cases
are under the Excise Act and he is in custody since 24.11.2025
and allegation is of recovery of 30 litres of liquor from a place
near a drain in the village. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and even alleged recovery is
from a place which does not belong to the petitioner but then is
accessible to public at large and he came to be implicated based
Patna High Court CR. MISC. No.8089 of 2026(2) dt.16-04-2026
2/2
on confessional statement of apprehended accused in police
custody which does not have any evidentiary value.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Birpur
P.S. Case No.13/2025.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.