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Patna High Court

Pradeep SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.91385 of 2025(2) dt.19-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.91385 of 2025(2) dt.19-01-2026
                                                         3/3




                       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/-

U       T


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