Patna High Court
Fekan Sahni @ Phekan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Fekan Sahni was arrested in connection with a case involving the seizure of 432 litres of liquor and charged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) 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 not in the FIR but was derived from a co‑accused's confession. He had been in custody since 7 December 2025 and had a prior criminal antecedent for which he was on bail. The State opposed bail, but the court noted the lack of material evidence, the open nature of the recovery site, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under IPC Sections 272, 273 and the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.
- Whether the confession of a co‑accused suffices to implicate the petitioner without direct evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- confessional statement
- co‑accused
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8202 of 2026
Arising Out of PS. Case No.-176 Year-2018 Thana- SONBERSA District- Sitamarhi
======================================================
Fekan Sahni @ Phekan Sahni Son of Ramdev Sahani Resident of village -
ward no. 9, Parariya @ Parariya, P.S.- Sonbarsa, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, 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
Sonbarsa P.S. Case No. 176 of 2018, instituted for the offences
punishable under Sections 272, 273 of the Indian Penal Code
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 432 liters
liquor was recovered from a bamboo orchard near river bank.
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.8202 of 2026(2) dt.10-02-2026
2/2
for the petitioner also submitted that the alleged recovery has
been made from an open place and the same is easily accessible
to the public at large. It is further submitted that the petitioner
was not named in the FIR. Name of the petitioner has transpired
in this case on the basis of confessional statement made by other
co-accused person. The petitioner is in custody since 07.12.2025
and has got one criminal antecedent in which he is on bail.
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 Sonbarsa P.S. Case
No. 176 of 2018.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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