Patna High Court
Sham SujjohaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court allowed bail to the petitioners, subject to bond and conditions.
Summary
Sham Sujjoha and Rohit Kumar, driver and co‑driver of a vehicle, were arrested on 14‑02‑2026 after 75.270 litres of illicit liquor were seized from the vehicle in a case under the Bihar Prohibition and Excise Act. The petitioners contended that the liquor was not in their conscious possession, that they were falsely implicated, and that the investigating agency had not complied with Section 103 of the Bihar Narcotic Substances Act. The prosecution opposed bail, citing a prior criminal antecedent, though the petitioners were already on bail in another matter. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioners on bail while the trial proceeds.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences (Sections 30(a) and 32(3)).
- Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act bars bail.
- Whether the prior criminal antecedent of the petitioners warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- driver
- co‑driver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14902 of 2026
Arising Out of PS. Case No.-175 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
1. Sham Sujjoha S/o Md. Masum @ Md. Masoom R/o Village - Sihma, P.O -
Bathua Buzurg, P.S - Musrigharari, District - Samastipur
2. Rohit Kumar S/o Shatrudhan Sah R/o Village - Sihma, P.O - Bathua Buzurg,
P.S - Musrigharari, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Mr. Anish Kumar, learned counsel for the
petitioners and Md. Aslam Ansari, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
14.02.2026 in connection with Kishanganj Excise P.S. Case No.
175 of 2026 corresponding to Special Case No. 176 of 2026,
F.I.R. dated 13.02.2026 for the offences punishable under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act.
3. Recovery is of 75.270 liters of Indian made foreign
liquor.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.14902 of 2026(2) dt.09-03-2026
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petitioners are innocent and they have falsely been implicated in
the present case. He further submits that it appears from the
F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery has been made from the vehicle in question. He further
submits that altogether 75.270 liters of liquor has been
recovered from the vehicle in question and petitioner no. 1 is
driver and petitioner no. 2 is co-driver of the said vehicle. He
further submits that there is non-compliance of Section of 103
of B.N.S.S. The petitioners are in custody since 14.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that the petitioners carries one criminal antecedent other
than the present one but fairly submits that they are on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) both with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise-II, Kishanganj in
connection with Kishanganj Excise P.S. Case No. 175 of 2026
corresponding to Special Case No. 176 of 2026, subject to the
Patna High Court CR. MISC. No.14902 of 2026(2) dt.09-03-2026
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following conditions:-
i. Petitioners 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
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Vanisha/-
U T
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