Raja Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31997 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- MAKER District- Saran ====================================================== Raja Sahni, Son of Uma Sahni, Resident of village - Bariyarpur Baghakol, P.S.- Maker, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026

1. Heard the parties

2. The petitioner seeks regular bail in connection with Maker P. S. Case No. 28 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion and disclosure allegedly made by the co-accused. It is submitted that the petitioner was not apprehended from the place of occurrence and no recovery has been made from his conscious possession. Learned counsel further submits that the alleged recovery was made from an open backyard field area which was not under the exclusive possession of the petitioner. It is also submitted that the quantity allegedly recovered is only 2.2 litres and there are

Patna High Court CR. MISC. No.31997 of 2026(2) dt.12-05-2026 2/2 material inconsistencies in the prosecution case. Learned counsel further submits that no independent witness supported the seizure and mandatory legal procedures regarding search and seizure were not properly complied with. Though the petitioner has antecedent, he is already on bail in four cases and one bail application is pending for consideration. The petitioner is in custody since 09.03.2026.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions, coupled with the fact that the alleged recovered liquor being 2.2 litres was recovered from the possession of coaccused Lallan Sahni, who is on bail, this court is inclined to release the petitioner on bail, accordingly, let the petitioner named-above be enlarged on bail in connection with Maker P. S. Case No. 28 of 2026 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T