Patna High Court
HATHU SAH @ CHHATHU SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Hathu Sah, was arrested after 404 litres of country-made liquor were recovered from a roofless semi‑constructed house in Turkauliya. He claims innocence, asserting that no incriminating material was found in his possession and that the seized liquor and premises are public. The prosecution alleges offences under Sections 274, 275 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner, who has three prior criminal antecedents, argued that Section 103 of the B.N.S. was not complied with. The court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, decided to grant bail subject to monetary and behavioural conditions.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the B.N.S. affects the bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- bail
- illegal liquor
- prohibition
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14783 of 2026
Arising Out of PS. Case No.-618 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Hathu Sah @ Chhathu Sah, S/o Late Prit Sah Resident of village- Singhpur
Badraha @ Jaisinghpur Badraha, Ps- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Turkauliya P.S. Case No. 618 of 2025, instituted for the offences
punishable under Sections 274, 275 and 3(5) of the B.N.S. and
u/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 404
liters of country made liquor was recovered from roofless semi
constructed house. Petitioner was arrested on the 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.14783 of 2026(2) dt.27-02-2026
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no concern with the alleged recovery of liquor. The petitioner
has no concern either with the seized liquor or the place or
recovery or any trade of liquor. Learned counsel for the
petitioner further submitted that the recovery has been made
from roofless semi-constructed house, which is an open place
and is accessible to public at large. The petitioner is in custody
since 31.12.2025 and has got three criminal antecedents. 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, after framing
of charge, if not already framed, 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 Turkauliya P.S. Case No. 618 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
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(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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