Raja Sahni Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Raja Sahni Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 3, Saran at Chapra/court concerned, subject to Section 480(3) BNSS conditions and three additional conditions (close-relative bailor; presence on every fixed date; bond cancellable for three consecutive absences or violation).

Issue for consideration

Whether petitioner Raja Sahni should be released on bail in connection with Maker P.S. Case No. 295 of 2025, registered for alleged offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Court's answer

Bail granted: petitioner directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Exclusive Special Excise Court No. 3, Saran at Chapra/court concerned, in connection with Maker P.S. Case No. 295 of 2025, subject to the conditions in Section 480(3) of BNSS and three further conditions ((i) one bailor a close relative; (ii) presence on each date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or breach of terms).

Ratio / Principle

Grounds for granting bail: the petitioner was not apprehended from the spot, no recovery was shown from his possession, and account was taken of his period of custody together with submission of the charge-sheet.

Detailed headnote1 paragraphs

Bail granted (Arun Kumar Jha, J., 15-05-2026) in Criminal Miscellaneous No. 32010 of 2026 arising out of Maker P.S. Case No. 295 of 2025 (District Saran), registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016 after alleged recovery of 160 litres of illicit country-made liquor from the banks of river Gandak, where a fleeing person was identified as the petitioner by local people. Petitioner Raja Sahni claimed innocence, that he was not apprehended from the spot, that nothing incriminating was recovered from his person or possession (recovery being from an open river-bank place), and relied on custody since 22.02.2026 and submission of the charge-sheet; he disclosed five antecedent cases with bail in four. Learned APP opposed, terming him a habitual offender accused in similar cases. The court directed release on bail on a bond of Rs. 10,000/- with two like sureties to the Exclusive Special Excise Court No. 3, Saran at Chapra, subject to Section 480(3) of BNSS conditions and three further conditions (close-relative bailor; presence on every date; cancellation of bond on three consecutive absences or violation).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32010 of 2026

Arising Out of PS. Case No.-295 Year-2025 Thana- MAKER District- Saran

======================================================

Raja Sahni S/o- Uma Sahni R/village- Baghakaul Baghakol Bariyarpur , P.SMaker, Dist- Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 15-05-2026

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Maker P.S. Case No. 295 of 2025 registered for the alleged offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, secret information was received about petitioner storing illicit country made liquor in huge quantity and intending to sell it. A raid was conducted on the banks of river Gandak and a person fled away from the spot who was identified as the petitioner by the local people. On search of the place, recovery of 160 liters illicit country made liquor was made.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32010 of 2026(2) dt.15-05-2026 2/3

petitioner is innocent and has been falsely implicated in this case. The petitioner has not been apprehended from the spot and nothing incriminating has been recovered from his person or possession. The alleged recovery has been made from an open place near a river bank and the petitioner has no concern either with the place or the seized liquor. The petitioner is having antecedent of five cases and he has got bail in four such cases. The petitioner is in custody since 22.02.2026 and charge-sheet has been submitted.

Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner appears to be a habitual offender as he is accused in cases of similar nature.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the post and no recovery has been shown from his possession and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise

Patna High Court CR. MISC. No.32010 of 2026(2) dt.15-05-2026 3/3

Court No. 3, Saran at Chapra/court concerned in connection with Maker P.S. Case No. 295 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three 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.

(Arun Kumar Jha, J)

Ashish/-

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