Dinesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38806 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- TISIAUTA District- Vaishali ====================================================== Dinesh Sahni S/O Late Ram Saran Sahni @ Pathlu Sahni R/O VillageGovindpur, P.S- Mahua, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar For the Opposite Party/s :
Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 17.04.2026 in connection with Tisiauta P.S. Case No. 08 of 2026 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. The case of the prosecution in brief is that the allegation is of recovery of 1144.440 liters of English liquor near pond.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is further
Patna High Court CR. MISC. No.38806 of 2026(2) dt.22-06-2026 2/3 submitted that it appears from the FIR and seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made near pond which does not belong to the petitioner and petitioner has been made accused in the present case on the basis of suspicion and the co-accused person, namely, Munshi Ray @ Munshi Lal Ray has been granted anticipatory bail vide order dated 22.04.2026 passed in Cr. Misc. No. 26927 of 2026 by a Coordinate Bench of this Court and petitioner is in custody since 17.04.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Prohibition and Excise Court-II-cum-District and Additional Sessions Judge, Hajipur, Vaishali in connection with Tisiauta P.S. Case No. 08 of 2026 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.38806 of 2026(2) dt.22-06-2026 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T