Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26888 of 2026 Arising Out of PS. Case No.-151 Year-2025 Thana- MAHINDWARA District- Sitamarhi ====================================================== Rajesh Sahni S/o Chunni Lal Sahni R/o Village - Balua Goushnagar, P.S - Mahindwara, District - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section Section 30 (a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution, in short is that from a vehicle, altogether 169.75 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that the alleged vehicle was driven by one Siddhant Kumar and he has named this petitioner. Nothing has been recovered from the possession of this petitioner. He has

Patna High Court CR. MISC. No.26888 of 2026(2) dt.23-04-2026 2/3 no concern with the alleged liquor or vehicle. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It ahs further been submitted that coaccused Siddhant Kumar has been granted bail by learned coordinate Bench of this Court vide Cr. Misc. No. 77719 of 2025. Moreover, petitioner is languishing in judicial custody since 23.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of seven cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahindwara P.S. Case No. 151 of 2025 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-I, Sitamarhi with the following conditions:- (i) The petitioner shall not indulge himself in similar nature of the offences in future and shall cooperate

Patna High Court CR. MISC. No.26888 of 2026(2) dt.23-04-2026 3/3 in the trial.

(ii) One of the bailors shall be family member of the petitioner.

(Ashok Kumar Pandey, J) lata/- U T