Patna High CourtCR. MISC./34877/2026bail granted

Hardev Sahni v. The State Of Bihar

2026-05-20Mr. Justice Ansul2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34877 of 2026 Arising out of PS. Case No.-19 Year-2026 Thana- KAMTAUL District- Darbhanga ====================================================== Hardev Sahni Son of Gariban Sahni Resident of Village- Tataila, P.S.- Kamtaul, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in Kamtaul P.S. Case No. 19 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. The allegation is that 70 litres of country made liquor (Mahua) was recovered near a ditch like pond inside the orchard and the orchard belongs to co-accused Bhikhari Sahani.

4. Learned counsel for the petitioner submits that nothing incriminating article was recovered from the conscious possession of the petitioner. He further submits that the alleged recovery was made from the orchard of co-accused Bhikhari Sahani and the petitioner is in custody since 24.03.2026.

5. Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.34877 of 2026(2) dt.20-05-2026 2/2 has vehemently opposed the prayer for bail of the petitioner.

6. Considering that nothing incriminating article was recovered from the conscious possession of the petitioner and the petitioner is in custody since 24.03.2026, this Court is inclined to grant bail to the petitioners.

7. Let the petitioner, above named, 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 the learned In-Charge Special Judge-I (Excise Act), Darbhanga, in connection with Kamtaul P.S. Case No. 19 of 2026.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T