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Patna High Court

Bechan ShahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.90919 of 2025(2) dt.30-01-2026
                                                       3/3




                     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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