Patna High Court
Radha SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Radha Sahani, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 260 litres of liquor recovered from plastic gallons. The petitioner claimed innocence, stating no incriminating material was found in his possession and that the recovery was from an open area accessible to all. He had been in custody since 26 September 2025 and possessed three prior criminal antecedents, with the prosecution noting non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the circumstances and length of custody, decided to grant bail. The bail was set at Rs.15,000 with two sureties, subject to conditions including family surety and mandatory appearance at trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, prior criminal antecedents, and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- prior antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89108 of 2025
Arising Out of PS. Case No.-420 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Radha Sahani S/o- Mishri Sahani Vill- Muswa Bhedihari, P.S- Sugauli,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
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
Sugauli PS Case No. 420 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 260 liters
liquor was recovered from plastic gallons.
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 submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.89108 of 2025(2) dt.19-01-2026
2/2
and all. The petitioner is in custody since 26.09.2025 and has
got three criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sugauli PS Case No.
420 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.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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