Patna High Court

Bhola SahaniversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to monetary and personal surety conditions and a mandatory appearance clause.

Summary

Bhola Sahani was arrested in connection with the recovery of 265 litres of liquor from a river bank and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, that the recovery was from an open place, and that his name was supplied by a local chowkidar, asserting his innocence. He has eight prior criminal cases, all of which he is out on bail, and the State argued that his antecedents preclude bail. The court examined the lack of material linking the petitioner to the liquor, the non‑compliance of Section 103 of the B.N.S.S., and the principle that bail may be granted despite antecedents if the prosecution case is weak. Accordingly, the court granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and a condition of appearance at every trial date.

Issues considered

Whether bail should be granted to the petitioner despite eight prior criminal antecedents.
Whether the non‑compliance of Section 103 of the Bharatiya Nyaya Sanhita, 2023, bars bail.
Whether the facts of the case, including lack of incriminating material in the petitioner's possession, justify bail under the applicable statutes.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275

Subjects

bail
criminal procedure
liquor offence
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Section 103
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88523 of 2025
                   Arising Out of PS. Case No.-29 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Bhola Sahani S/O Dhruv Sahani R/O Village- Jhakhiya, P.S- Banjariya, Distt.-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parvin Kumar, Adv.
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(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 Banjariya P.S. case No.

                   29 of 2025 instituted for the offences under Sections 274, 275 of

                   the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of

                   the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 265 liters

                   liquor was recovered from bank of river.

                                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. It is further
Patna High Court CR. MISC. No.88523 of 2025(2) dt.13-01-2026
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          submitted that local chowkidar disclosed the name of the

          petitioner. It is also submitted that recovery is made from an

          open place accessible to one and all. The petitioner is in custody

          since 22.07.2025 and has got eight criminal antecedents and he

          is on bail in all eight cases. There is no compliance of Section

          103 of B.N.S.S., 2023.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. The

          petitioner has eight criminal antecedents and he does not

          deserve the privilege of bail.

                       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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Banjariya P.S. case No. 29 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
           Patna High Court CR. MISC. No.88523 of 2025(2) dt.13-01-2026
                                                       3/3




                     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.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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