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Patna High Court

Pradeep Kumar Sahni @ Pradip Kumar Sahni @ Pradeep SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the petitioner had no conscious possession of the seized liquor and the period of custody warranted release.

Summary

The petitioner, Pradeep Kumar Sahni, was arrested after 963 litres of illicit foreign liquor were seized from two vehicles, one of which he owned. He was charged under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act, although the seized liquor was not found in his conscious possession. The petitioner had been in custody since 8 January 2026 and had a prior similar criminal antecedent for which he was on bail. The State opposed bail, citing the seriousness of the offence and the prior record. The Court, considering the period of custody and lack of direct involvement, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge, Shekhpura.

Issues considered

  • Whether the petitioner, as the owner of the vehicle from which illicit liquor was seized, is liable to be kept in custody under the Bihar Prohibition and Excise Act.
  • Whether the absence of conscious possession and prior bail for a similar offence justify granting bail.
  • Whether the chargesheet and the seriousness of the offence preclude bail.

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9927 of 2026
                   Arising Out of PS. Case No.-167 Year-2023 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Pradeep Kumar Sahni @ Pradip Kumar Sahni @ Pradeep Sahni S/o Late
                 Laxmi Sahni @ Laxmi Sahni R/o Moulvi Chak @ Molvichak, P.S.-
                 Dalsinghsarai, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Kumar
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 30(a), 32 & 41 of the Bihar Prohibition

                   and Excise Act.

                                3. As per F.I.R., total 963 liters of illicit foreign liquor

                   was recovered from an Alto Car and Bolero pick-up vehicle and

                   petitioner has been made accused merely because he happens to

                   be owner of one of the two aforesaid vehicles i.e. Bolero pick-

                   up vehicle.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from conscious possession of this

                   petitioner and has got no concern with the alleged recovery.
           Patna High Court CR. MISC. No.9927 of 2026(2) dt.18-02-2026
                                                       2/2




                     Petitioner is in custody since 08.01.2026. Petitioner has got one

                     criminal antecedent of similar nature, in which, he is on bail.

                     Chargesheet has been submitted.

                                  5. Learned A.P.P. for the State opposed the bail

                     petition.

                                  6. Considering the period of custody, let the above

                     named petitioner be released on bail on furnishing bail-bond of

                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Exclusive Special Excise

                     Judge, Shekhpura in connection with Shekhpura P.S. Case No.

                     167 of 2023.



                                                 (Prabhat Kumar Singh, J)
anay

U      T


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