Patna High Court
Bablu 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, Bablu Sahni, was arrested for alleged possession of 30 litres of liquor recovered from a plastic box near a riverbank, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of or involvement with the recovered liquor, that the location was a public open area, and that no incriminating material was found in his possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his prior criminal antecedent for which he was already on bail. The State opposed the bail application. Considering the facts, the period of custody already served, and the absence of direct evidence linking the petitioner to the liquor, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the present circumstances.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90260 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- BAUGHAT District- Sheikhpura
======================================================
Bablu Sahni Son of Vijay Sahni R/o Village - Harinamchak, P.S. - Baughat,
District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roop Kishan, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Baughat P.S. Case No. 53 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 30 liters
liquor was recovered from plastic box near the bank of a river
and the petitioner was arrested on spot.
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
Patna High Court CR. MISC. No.90260 of 2025(2) dt.12-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from an open place and the same is easily accessible to the
public at large. It is further submitted that the petitioner has got
no concern with the alleged place of recovery. The petitioner is
in custody since 04.11.2025 and has got one criminal antecedent
in which he is on bail. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Baughat P.S. Case
No. 53 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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