Patna High Court
Pradeep SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary and personal surety conditions and strict compliance requirements.
Summary
The petitioner, Pradeep Sahni, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 114 litres of liquor were recovered from a jute sack placed in front of his house. The petitioner claimed he had no knowledge of the liquor, that the recovery was made in an open public area, and that no incriminating material was found in his possession. He had been in custody since 10‑12‑2025 and possessed seven prior criminal antecedents, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the High Court, after considering the circumstances and the period of custody, granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict conditions of appearance and conduct. The bail order was made pending framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of recovery and the accused’s antecedents.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the location of the liquor recovery (open public place) negates the likelihood of the accused’s involvement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- criminal antecedents
- bail conditions
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91385 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai
======================================================
Pradeep Sahni Son of Late Akal Sahni Resident of Village- Godhiyari, Ward
No. 27, P.S.- Bakhri, District- Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Manjhaul Excise P.S. Case No. 93 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 114 liters
liquor was recovered from jute sack kept in front of the house of
petitioner.
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
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made outside the house of the petitioner which is an open place
and the same is easily accessible to the public at large. The
petitioner is in custody since 10.12.2025 and has got seven
criminal antecedents. 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 after framing
of charge, if not already framed, 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 Manjhaul Excise P.S. Case No. 93 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 is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
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