Patna High Court

Bhagya Narayan Sahni @ Bhagnarayan Sahani @ Bhagyanarayan SahniversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to monetary sureties and compliance with stipulated conditions.

Summary

Petitioner Bhagya Narayan Sahni was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 252 litres of liquor were recovered from public sacks. He contended that he was falsely implicated, as no liquor was found in his possession and the recovery occurred in an open area. The petitioner, who has five prior criminal convictions, had been in custody since 4 November 2025, and the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the High Court, considering the circumstances and the lack of direct evidence against him, granted bail subject to monetary sureties and strict conditions regarding court appearances and non‑tampering with evidence. The order released the petitioner on bail with a bond of Rs. 15,000 and two sureties, imposing conditions for cancellation upon default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case and the petitioner’s criminal antecedents.
Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
false implication
criminal antecedents
Section 103
Bharatiya Nagarika Suraksha Sanhita
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88386 of 2025
                     Arising Out of PS. Case No.-146 Year-2025 Thana- KANHAULI District- Sitamarhi
                 ======================================================
                 Bhagya Narayan Sahni @ Bhagnarayan Sahani @ Bhagyanarayan Sahni son
                 of Late Rajendra Sahni Resident of Village - Shahpur, Sheetalpatti, Ward No.
                 03, Police Station- Sahiyara,District- Sitamarhi


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, 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

                   Kanhuali P.S. Case No. 146 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 252 litres

                   of liquor has been recovered from seven plastic sacks.

                               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
Patna High Court CR. MISC. No.88386 of 2025(2) dt.13-01-2026
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          from an open place which is accessible to public at large. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner is in custody since 04.11.2025 and has five

          criminal antecedents. 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 Kanhuali P.S. Case

          No. 146 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

          bail bonds of the petitioner.

                       (III) If the petitioner tampers with the evidence or the
           Patna High Court CR. MISC. No.88386 of 2025(2) dt.13-01-2026
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                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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