Patna High Court
Indrajeet SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified monetary and attendance conditions.
Summary
Indrajeet Sahni was arrested in connection with the seizure of 2,623 litres of illicit liquor, alleged to be in violation of sections 30(a), 41(i) and 42(ii) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed he was falsely implicated and sought bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The Special Judge, Excise‑II, Samastipur, considered the facts and circumstances and allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.25,000 with the Ramakrishna Mission Ashrama, and produce the receipt. Additionally, the petitioner was directed to appear at the Tajpur Police Station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- What is the appropriateness of granting bail to a person accused under sections 30(a), 41(i) and 42(ii) of the Bihar Prohibition and Excise Act, 2016?
- Whether the conditions imposed – monetary deposit, charitable donation and weekly police attendance – are lawful and reasonable for bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(i), 42(ii)
Subjects
- bail
- illicit liquor
- prohibition
- excise
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- charitable donation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88532 of 2025
Arising Out of PS. Case No.-85 Year-2019 Thana- TAJPUR District- Samastipur
======================================================
Indrajeet Sahni S/O Late Ram Padarath Sahni Resident of village- Indrawara
Kothiya, P.S- Tajpur (Halai O.P), District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh, Advocate
For the State : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Tajpur (Halai O.P.) P.S. Case No. 85of 2019 registered for the
offence under sections 30(a), 41(i) and 42(ii) of the Bihar
Prohibition and Excise Act, 2016
3. As per the prosecution case, the recovery is of
2623 liters of illicit liquor from the truck.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. The petitioner is in custody since
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09.10.2025.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt.
6. Considering the facts and circumstances of the
case, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge, Excise-II, Samastipur / concerned
court below, in connection with Tajpur (Halai O.P.) P.S. Case
No. 85 of 2019.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Bela, Muzaffarpur, and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner, after
being released on bail, is directed to mark his attendance at
Tajpur (Halai O.P.) Police Station, District- Samastipur on every
Sunday of the month. Any default in appearance at the police
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station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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