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Patna High Court

Dipesh Kumar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Dipesh Kumar Sahni was arrested in connection with the recovery of 180 litres of Nepali liquor from two motorcycles, alleged to be offences under Sections 274, 275 and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no ownership or possession of the motorcycles, no criminal antecedent, and that no material was found on his person, also highlighting non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of incriminating evidence against the petitioner and the period of custody already served, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged offences under the BNS and Bihar Prohibition and Excise Act
  • Whether the absence of material in the petitioner's possession and lack of prior criminal record justify bail
  • Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application

Legislation cited

Subjects

  • bail
  • BNS
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • section 103
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88124 of 2025
                       Arising Out of PS. Case No.-196 Year-2025 Thana- ARER District- Madhubani
                 ======================================================
                 Dipesh Kumar Sahni S/o Satya Narayan Sahni R/o vill - Bundelkhand, P.S.-
                 Basopatti, Distt.- Madhubani

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Adv.
                                                  Mr. Udeshya Kumar Yadav, Adv.
                                                  Mr. Ravi Prakash, Adv.
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Arer

                   P.S. Case No. 196 of 2025, instituted for the offences punishable

                   under Sections 274, 275 and 3(5) of the BNS and 30(a) of the

                   Bihar Prohibition and Excise Act.

                                 3. The prosecution case, in short, is that total 180

                   liters of Nepali liquor was recovered from two motorcycles.

                                 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
           Patna High Court CR. MISC. No.88124 of 2025(2) dt.13-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. The petitioner is

                     not the owner of the motorcycles in question and he has no

                     concern with the same. The petitioner is in custody since

                     04.10.2025 and has got no criminal antecedent. 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 Arer P.S. Case No.

                     196 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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