Patna High Court
Raghunath SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Raghunath Sahni, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 640.2 litres of liquor were recovered from a co‑accused's house. He claimed innocence, stating that no incriminating material was found on his person, he was not named in the FIR, and he has no prior criminal record. The prosecution opposed bail, relying on the co‑accused’s disclosure linking the petitioner to the seizure. The court noted the petitioner’s clean antecedent, short period of custody, and the lack of compliance with Section 103 of the B.N.S.S., 2023, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the non‑compliance of Section 103 of the B.N.S.S., 2023
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- clean antecedent
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9010 of 2026
Arising Out of PS. Case No.-190 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Raghunath Sahni Son of Aklu Sahni R/o Vill. - Gopalpur, P.S. - Kalyanpur,
Dist - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Kalyanpur P.S. case No.
190 of 2024 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 640.2 liters
liquor was recovered from the house of co-accused.
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 submitted that the petitioner is not named in the F.I.R.
Patna High Court CR. MISC. No.9010 of 2026(2) dt.11-02-2026
2/2
The name of the petitioner has transpired on the basis of
disclosure made by apprehended co-accused. Recovery is made
from the house of co-accused. The petitioner is in custody since
03.01.2026 and has got no criminal antecedent. 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.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent 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 Kalyanpur P.S. case
No. 190 of 2024.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…