Patna High Court
Ram Kumar Sahni @ Raj Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Ram Kumar Sahni, a labourer, was in custody for a 2019 case (PS‑85) involving the alleged recovery of 2,623 litres of illicit liquor from a truck, alleged offences under Sections 30(a), 41(i) and 42(ii) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no conscious possession of the liquor, was not the owner of the truck, and was falsely implicated, noting that co‑accused Kanhai Sahani and Ajeet Sahani had already been granted bail. He also informed the court of his mother's death on 02‑01‑2026 and asserted a clean antecedent. The State opposed bail, but the court noted the lack of incriminating material in the petitioner's possession and his surrender on 04‑12‑2025. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, conduct, and verification of antecedents. The order emphasized that any observations made would not affect the trial. The bail was ordered to be released subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the absence of any incriminating article in the petitioner's conscious possession justifies bail.
- Whether the petitioner's personal circumstances (clean antecedent, surrender, death of mother) affect the bail decision.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- custody
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.990 of 2026
Arising Out of PS. Case No.-85 Year-2019 Thana- TAJPUR District- Samastipur
======================================================
Ram Kumar Sahni @ Raj Kumar Sahani S/o Lala Sahani Resident of village-
Jitwarpur Bhubkhara Indrawara, PS- Tajpur (Halai OP), Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 This case has been taken up on the mentioning of the
learned counsel for the petitioner wherein he has pointed out
that the mother of the petitioner died on 02.01.2026.
2. Heard the learned counsel for the petitioner and
learned APP for the State.
3. Petitioner, who is in custody, seeks bail in
connection with Tajpur (Halai O.P.) P.S. Case No. 85 of
2019 registered for the offence(s) punishable under
Section(s) 30(a), 41(i) and 42(ii) of the Bihar Prohibition
and Excise Act.
4. As per the prosecution case, total 2623 liters of
illicit liquor is said to have been recovered from a truck.
5. The learned counsel for the petitioner submits
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that the petitioner is innocent and falsely been implicated in
this case and he was not apprehended at the place of
occurrence. It is further been submitted the no incriminating
article has been recovered from his conscious possession. It has
also been submitted that the petitioner is neither the owner
of the truck and nor has any concern with the recovered
illicit liquor. It is next submitted that the co-accused
persons, namely, Kanhai Sahani and Ajeet Sahani have been
granted bail by a coordinate Bench of this Hon’ble Court
vide order dated 23.12.2025 passed in Cr. Misc. No. 88166
of 2025. It has lastly been submitted that the petitioner was
working as a labourer and was living outside and hence,
was not aware about the pendency of his case against him
and ultimately petitioner surrendered on 04.12.2025 and he
carries clean antecedent.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case and taking note of the fact that the nothing was
recovered from the conscious possession of the petitioner,
let the petitioner, above named, be released on bail on
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furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending/successor
court in connection Tajpur (Halai O.P.) P.S. Case No. 85 of
2019, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
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bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
8. Accordingly, the prayer for bail is allowed.
9. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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