Patna High Court
Suraj SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Suraj Sahani was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 115 litres of liquor were recovered from a public riverbank. The petitioner argued that he was falsely implicated, noting that no liquor was found in his possession, the recovery was from an open area, he has no prior criminal record, and the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and procedural lapses, the Court decided to grant bail. The bail order required a cash bond of Rs.15,000 and two sureties of the same amount. The petitioner was ordered to be released upon furnishing the bail bond and sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where no incriminating article was found in his possession.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- possession
- criminal antecedent
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.855 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
Suraj Sahani S/o Kodai Sahani R/o Village- Raghunathpur, P.S.-
Raghunathpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjana Srivastava, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Raghunathpur P.S. Case No. 241 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 115 litres
of liquor has been recovered near the river.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.855 of 2026(2) dt.19-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 14.11.2025 and has 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 Raghunathpur P.S.
Case No. 241 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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