Patna High Court
Amit SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner on furnishing a bond of Rs.15,000 with two sureties of equal amount.
Summary
The petitioner, Amit Sah, was arrested in connection with a case (PS Jalalpur case No. 322 of 2025) for alleged possession of 80 litres of liquor recovered from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the motorcycle did not belong to him, no incriminating material was found on his person, and his name was disclosed only by a local chowkidar, asserting his innocence despite having one prior criminal antecedent. The State opposed bail, arguing the seriousness of the offence. The Court considered the lack of direct evidence, the petitioner’s custody period since 28‑01‑2026, and the absence of compliance with Section 103 of the B.N.S.S., 2023, and decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- What is the appropriate bail condition for an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the evidence against him is indirect?
- Whether the petitioner’s prior criminal antecedent and the non‑compliance of Section 103 of the B.N.S.S., 2023, justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12074 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- JALALPUR District- Saran
======================================================
Amit Sah Son of Bhrigun Sah @ Bhrugu Sah Resident of Village- Pirari, P.S.-
Jalalpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Jalalpur P.S. case No.
322 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 80 liters liquor
was recovered from motorcycle.
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 no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.12074 of 2026(2) dt.23-02-2026
2/2
on the basis of disclosure made by local Chowkidar. The
motorcycle in question does not belong to the petitioner. The
petitioner is in custody since 28.01.2026 and has got one
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jalalpur P.S. case
No. 322 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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