Created by Fuzzy Cloud

Patna High Court

Rambabu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.