Patna High Court

Dhashrath Sah Singh @ Dasrath Sah @ Dhashrath SahversusThe State Of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to monetary bond and conditions of appearance.

Summary

The petitioner, Dhashrath Sah Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 50 litres of liquor were recovered from a motorcycle. The petitioner claimed innocence, asserting that the motorcycle was not his and that no incriminating material was found in his possession, and that his arrest was based solely on suspicion. The State opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether arrest on mere suspicion without incriminating material justifies denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
suspicion
custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89959 of 2025
                       Arising Out of PS. Case No.-330 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Dhashrath Sah Singh @ Dasrath Sah @ Dhashrath Sah S/O Mukurdhan Sah
                 @ Makurdhan Sah R/O Village- Usti, P.s.- Baniyapur, Dist.- Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Rajani Kumari, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Revilganj P.S. Case No. 330 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 50 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                                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.89959 of 2025(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of the motorcycle in question. It is further submitted that

          the petitioner has been arrested only on the basis of suspicion.

          The petitioner is in custody since 22.10.2025 and has got two

          criminal antecedents in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Revilganj P.S. Case

          No. 330 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.89959 of 2025(2) dt.19-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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