Patna High Court
Rahul Sahani @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rahul Sahani, was charged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor recovered from a public chawar. He had been in custody since May 1, 2025, and charges were formally framed on November 20, 2025. The petitioner argued that he was innocent, not the owner of the chawar, and was implicated only on suspicion. The State opposed bail, emphasizing the seriousness of the offences. Considering that the charges had been framed, the period of custody, and the nature of the allegations, the court allowed the petition for bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted to an accused charged under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act when charges have been framed and the accused has been in custody.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal procedure
- suspicions
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89669 of 2025
Arising Out of PS. Case No.-650 Year-2022 Thana- HARSIDHI District- East Champaran
======================================================
Rahul Sahani @ Rahul Kumar S/o Hiranand Sahani Resident of village -
Damobriti, P.S - Harsidhi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 272 and 273 of the Indian
Penal Code and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Earlier, the prayer for grant of bail of the petitioner
was rejected by this Court vide order dated 26.09.2025 passed in
Cr. Misc. No. 55280 of 2025.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case merely on
suspicion. The alleged illicit liquor was recovered from a
Chawar which is an open place and accessible to one and all.
Patna High Court CR. MISC. No.89669 of 2025(2) dt.31-01-2026
2/2
Moreover, petitioner is not owner of the Chawar from which the
alleged liquor was recovered. It is further submitted that
charges have already been framed against the petitioner on
20.11.2025 and he is in custody since 01.05.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, fact that charges have already been framed against this
petitioner and period of custody, the prayer for grant bail of to
the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Exclusive Special Excise Court No. 1,
Motihari, East Champaran in connection with Harsidhi P.S.
Case No. 650 of 2022.
(Prabhat Kumar Singh, J)
shashank/-
U T
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