Patna High Court
Rambabu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the absence of incriminating material and the circumstances of custody, regular bail must be granted.
Summary
The petitioner, Rambabu Sah, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 30 litres of illicit desi chulai. He claimed innocence, stating that no incriminating material was found in his possession, and had been in custody since 9 January 2026. The State opposed his bail application. The court examined the facts, noting the lack of direct evidence and the length of custody, and decided to grant regular bail. Bail was ordered on a bond of Rs. 10,000 with two sureties of the same amount, subject to the condition that the petitioner attend the Barhaiya Police Station every Sunday, with default leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material.
Subjects
- regular bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18245 of 2026
Arising Out of PS. Case No.-176 Year-2023 Thana- THAWE District- Gopalganj
======================================================
Rambabu Sah S/o Shivji Prasad @ Shivji Sah Resident of Village- Lakri
Dargah, P.S.- Barhariya, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepankar Raj
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Thawe P.S. Case No. 176 of 2023, registered under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The recovery is of 30 litres of illicit desi chulai.
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 is in
custody since 09.01.2026
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and period of custody, this application is allowed.
Patna High Court CR. MISC. No.18245 of 2026(3) dt.02-04-2026
2/2
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-
XIII-cum-Special Judge, Excise-1, Gopalganj/concerned court
below in connection with Thawe P.S. Case No. 176 of 2023,
subject to conditions that:
8. The petitioner will mark his attendance at Barhaiya
Police Station on every Sunday of each month. Any default in
appearance at the local Police Station will result into
cancellation of his bail bond.
(Sandeep Kumar, J)
Ranjeet/-
U T
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