Patna High Court

Rajesh Sahani @ Rajesh SahniversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to bond and conditions.

Summary

The petitioner, Rajesh Sahani, was arrested in connection with the seizure of 211.200 liters of liquor from a hut, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, the hut was far from his residence, and his name was supplied by locals rather than by on‑spot arrest. The State opposed bail, while the petitioner highlighted the lack of incriminating material, his custody since 12‑Oct‑2025, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined these facts, the duration of custody, and the petitioner’s prior criminal antecedents, and found no compelling reason to deny bail. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarik Suraksha Sanhita
Section 103
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91456 of 2025
                   Arising Out of PS. Case No.-222 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Rajesh Sahani @ Rajesh Sahni Son of Late Ramayan Sahani Resident of
                 Village - Bhaisahi Kedar, P.S.- Manjhagarh, District - Gopalganj.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr. Meena Singh, 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

                   Manjhagarh P.S. Case No. 222 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 211.200 liters

                   liquor was recovered from the hut of the 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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.91456 of 2025(2) dt.19-01-2026
                                            2/3




          for the petitioner also submits that the alleged recovery has been

          made from a hut which is situated far away from the house of

          the petitioner and the same is an open place which is easily

          accessible to the public at large. It is further submitted that the

          petitioner was not arrested on spot. Name of the petitioner has

          transpired in this case on the basis of disclosure made by local

          people. The petitioner is in custody since 12.10.2025 and has

          got four criminal antecedents 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 Manjhagarh P.S.

          Case No. 222 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
             Patna High Court CR. MISC. No.91456 of 2025(2) dt.19-01-2026
                                                         3/3




                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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