Patna High Court
Nirash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a cash bond, sureties and conditions of appearance and non‑tampering with evidence.
Summary
The petitioner, Nirash Sah, was arrested in connection with a case involving the recovery of 279 litres of liquor and charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his possession, and that he has no prior criminal record, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material in the petitioner’s possession, his clean record, and the period already spent in custody, the Court decided to grant bail with a bond of Rs. 15,000 and two sureties, imposing conditions on appearance and non‑tampering with evidence. The bail order also stipulated that failure to appear on two consecutive dates could lead to cancellation of the bail.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act
- Whether the absence of incriminating material in the petitioner’s possession and lack of prior criminal record justify bail
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor offences
- false implication
- evidence tampering
- Section 103
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1056 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Nirash Sah S/O Late Panchu Sah R/O Village- Khata Baiyya. P.S- Tulshiyahi,
District- Dhanusha (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Ravi Prakash, Advocate
Mr. Udeshya Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, 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 Harlakhi
P.S. Case No. 335 of 2025 instituted for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 279 litres
of liquor has been recovered from jute sack.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
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from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 24.11.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika 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 as also 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 Harlakhi P.S. Case
No. 335 of 2025, subject to the following conditions:
(I) One of the bailors shall be the deponent of the
present bail application, namely, Dharmendra Sah.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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