Patna High Court
Shambhu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to a bond of Rs.15,000 with two sureties and conditions of appearance.
Summary
The petitioner, Shambhu Sahni, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 5.8 litres of liquor were recovered from a ditch. He claimed innocence, arguing that the liquor was found in an open place and no incriminating material was found on his person, and that the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, citing the petitioner’s seven prior criminal antecedents and his continued custody since 20‑11‑2025. The Patna High Court, after considering the facts, the length of custody, and the lack of direct evidence, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance in court. The order also required one bailor to be a close family member and allowed the trial court to cancel bail on two consecutive defaults.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act, considering the petitioner’s antecedents and the alleged procedural lapse under Section 103 of the BNSS, 2023?
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- antecedents
- surety
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.939 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Shambhu Sahni Son of Late Bharat Sahni Resident of Village - Kaithma,
Karpuri Nagar, P.S.- Muffasil, District - Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. Let the defect/s pointed out by the Office be
ignored.
3. The petitioner seeks bail in connection with
Muffasil PS Case No. 296 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
4. The prosecution case, in short, is that 5.8 liters
liquor was recovered from ditch.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.939 of 2026(2) dt.21-01-2026
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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. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 20.11.2025 and has
got seven criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. 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.
8. 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 Muffasil PS Case No. 296 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
Patna High Court CR. MISC. No.939 of 2026(2) dt.21-01-2026
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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)
Raj Kishore/-
U T
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