Patna High Court
Bechan ShahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions and a bail bond.
Summary
Bechan Shahni was arrested in connection with a case alleging possession of 140 litres of liquor, charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open area. He had been in custody since 27 September 2025 and possessed ten prior criminal antecedents, while a co‑accused had already been granted bail. The State opposed bail, but the Court, considering the lack of direct evidence, the period of custody, and the precedent of bail to the co‑accused, decided to grant bail subject to a bond of Rs.15,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and non‑commission of further offences. The order directed the petitioner’s release on bail after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita given the facts of the case, including prior criminal antecedents and lack of direct evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- prohibition act
- excise
- criminal procedure
- prior antecedents
- conditions of bail
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90919 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Bechan Shahni S/O Ramchandra Sahani R/O Village- Jhakhiya, P.S-
Banjariya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Sheela Pandey, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Banjaria (B) PS Case No. 45 of 2025 instituted for the offences
under Section/s 30(a) & 41(1) of the Bihar Prohibition and
Excise Act and Sections 274 & 275 of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that 140 liters
liquor was recovered from Gallon.
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.90919 of 2025(2) dt.30-01-2026
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no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 27.09.2025 and has
got ten (10) criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023. Other co-accused has been
granted bail by this Court vide order dated 19.08.2025, passed
in Cr. Misc. No. 58477 of 2025.
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, after framing
of charge, if not already framed, 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 Banjaria (B) PS Case No. 45 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses of the case by intimidating/pressurizing the witnesses,
during the investigation or trial, in that case, prosecution will be
at liberty to move for cancellation of bail of the petitioner.
(IV) If the petitioner is found indulged in any criminal
activity or commission of any crime after being released on bail,
the prosecution will be at liberty to file an appropriate
application before the court below for cancellation of his bail.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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