Patna High Court
Rajesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to bond and conditions.
Summary
Petitioners Rajesh Sahni and Vishwakarma Choudhary were arrested in connection with the seizure of 545.16 litres of liquor and charged under Sections 281, 125(a), 125(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no incriminating article was recovered from them, that one was merely the vehicle owner and the other its driver, and that they had no prior criminal record. The State opposed bail, while the petitioners argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita had not been complied with. The Court, after considering the circumstances and the period of custody, decided to grant bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties and imposing conditions regarding family surety and regular appearance in court. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioners charged under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether there is sufficient evidence linking the petitioners to the seized liquor.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 125(a), 125(b), 281
Subjects
- bail
- liquor seizure
- prohibition law
- criminal procedure
- false implication
- surety
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83342 of 2025
Arising Out of PS. Case No.-118 Year-2025 Thana- KORANSARAI District- Buxar
======================================================
1. Rajesh Sahni S/O Radhakishun Sahni Resident of Village- Shahpur
Babnauli, P.S.- Narhi, District- Ballia (Uttar Pradesh).
2. Vishwakarma Choudhary S/O Jayram Chaudhary R/O Village- Chausa, P.S-
Muffasil, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Koransarai P.S. Case No. 118 of 2025 instituted for the offences
punishable under Sections 281, 125(a), 125(b) of the Bharatiya
Nyaya Sanhita, 2023 and 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 545.16
litres of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
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possession of the petitioners. It is further submitted that
petitioner no.1 is the owner of the vehicle in question whereas
petitioner no.2 is the driver and both the petitioners have got no
concern with the loaded articles/liquor. The petitioners are in
custody since 07.10.2025 and have no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Koransarai P.S. Case
No. 118 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
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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