Dharmendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3370 of 2026 Arising Out of PS. Case No.-1260 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Dharmendra Sahni S/O Tilai Sahni Resident of village - Bari Bharsar, P.S. - Malangwa,Dist. -Sarlahi, Country-Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Prohibition PS Sitamarhi Case No. 1260 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 309 liters liquor was recovered from sack.
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
Patna High Court CR. MISC. No.3370 of 2026(2) dt.19-01-2026 2/3 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 03.11.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Prohibition PS Sitamarhi Case No. 1260 of 2025, subject to the following conditions:
(I) One of the bailors shall be deponent of the present bail application, namely, Urmila Kumari.
(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
Patna High Court CR. MISC. No.3370 of 2026(2) dt.19-01-2026 3/3 bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T