Patna High Court
Gajendra SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, subject to a bond and sureties.
Summary
The petitioners, Gajendra Sah and Mohan Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 180 litres of Nepali liquor. The prosecution alleged seizure of the liquor, while the petitioners contended that no liquor was recovered and that the seizure violated Section 105 of the BNSS because it was not carried out by police personnel. They also highlighted their clean criminal record and that they had been in judicial custody since 4 January 2026. The State opposed the bail. After hearing both sides, the Court decided to grant bail, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor complied with Section 105 of the BNSS.
- Whether the petitioners' lack of prior criminal antecedent and continued judicial custody affect the bail decision.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- criminal antecedent
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17809 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- JITNA District- East Champaran
======================================================
1. Gajendra Sah S/O Ekbal Sah @ Ramakbal sah R/O Vill.- Jhanjra, P.S.- Jitna,
District- East champaran
2. Mohan Kumar S/O Ekbal Sah @ Ramakbal sah R/O Vill.- Jhanjra, P.S.-
Jitna, District- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for bail in connection
with Jitna P.S. Case No.01 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excisde Act.
3. The case of the prosecution, in short, is that
altogether 180 liters of Nepali country made liquor was
recovered from the possession of these petitioners.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered
from the possession of these petitioners. Learned counsel for
the petitioners has submitted that the witnesses of the seizure
Patna High Court CR. MISC. No.17809 of 2026(2) dt.24-03-2026
2/2
list are police personnel and police has not complied Section
105 of the BNSS while making seizure. Learned counsel for
the petitioners has further submitted that the petitioners are
having no criminal antecedent and they are in judicial custody
since 04.01.2026.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) each with
two sureties of the like amount each to the satisfaction of the
court of learned Exclusive Special Excise Court No.-III, East
Champaran, Motihari in connection with Jitna P.S. Case
No.01 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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