Patna High Court
Sanjay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Sanjay Sah, was arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for alleged possession of Nepali liquor in a tempo. He contended that he was not the owner of the vehicle, was falsely implicated after refusing to act as a witness, and has no prior criminal record, having been detained since 28 January 2026. The State opposed his bail application. Considering the petitioner’s clean antecedent, the circumstances of false implication, and the fact that the prosecution’s key witnesses are government officials, the Court found no compelling reason to keep him in custody. Consequently, the Court ordered his release on regular bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount. The order effectively grants the bail petition.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the facts of false implication and lack of prior criminal record.
Subjects
- bail
- Bihar Prohibition and Excise Act
- false implication
- criminal antecedent
- surety
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20270 of 2026
Arising Out of PS. Case No.-229 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Sanjay Sah ,S/o Ram Nath Sah @ Ramnath Sah, R/o Village - Nandwara,
Ward No. 05, P.S - Bairgania, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar, Adv.
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-03-2026 1. Heard the parties.
2. The petitioner seeks regular bail in connection with
Sitamarhi Excise P. S. Case No. 229 of 2026, registered for the
offences punishable under Sections 30(a) and 32(3) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is not the owner of the alleged tempo from which
alleged Nepali liquor is said to have been recovered. He has
been falsely implicated by the police when he denied to become
a witness to the search and seizure proceedings and he has no
criminal antecedent and has been languishing in jail since
28.01.2026 and the material witnesses of the prosecution who
are to be examined in the trial of the petitioner are government
officials.
Patna High Court CR. MISC. No.20270 of 2026(2) dt.26-03-2026
2/2
4. Learned APP for the State opposes the bail prayer
of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the petitioner's fair and clean
antecedent, this court is inclined to release him on bail.
Accordingly, let the petitioner named-above be enlarged on bail
in connection with Sitamarhi Excise P. S. Case No. 229 of 2026,
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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