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Patna High Court

Dharmendra SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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