Created by Fuzzy Cloud

Patna High Court

Bijay Kumar Sah @ Vijay Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bond and conditions, pending verification of his criminal antecedents.

Summary

The petitioner, Bijay Kumar Sah, applied for pre‑arrest bail in a case where police recovered 1.455 litres of foreign liquor from his motorcycle, alleging offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent and that the liquor was dumped on his parked bike by unknown persons. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the modest quantity of liquor and the petitioner’s claim of lack of involvement, ordered that he be released on pre‑arrest bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and directed the District Court to verify his criminal antecedents. The bail order will lapse if the petitioner is found to be involved in other cases.

Issues considered

  • Whether pre‑arrest bail should be granted in a case of alleged possession of a small quantity of foreign liquor under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act
  • Whether the petitioner is likely to flee, tamper with evidence, or commit further offences
  • Whether the nature and quantum of the alleged offence justify denial of bail

Legislation cited

Subjects

  • pre‑arrest bail
  • foreign liquor
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions
  • small quantity offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20354 of 2026
                       Arising Out of PS. Case No.-96 Year-2025 Thana- Narhiya District- Madhubani
                 ======================================================
                 Bijay Kumar Sah @ Vijay Kumar Sah S/o- Ram Prasad Sah R/o village -
                 Sananpatti , P.s- Narhiya , District - Madhubani
                                                                         ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gagan Deo Yadav, Advocate.
                                                   Mr. Ravi Prakash, Advocate.
                 For the Opposite Party/s :        Mr.Umanath Mishra, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Narhiya P.S. Case No. 96 of 2025 registered for the offence

                   punishable under Sections 274, 275 and 3(5) of the BNS                            and

                   Section 30(a) of the Bihar Prohibition and Excise Act, as

                   amended uptodate.

                                 3. Allegation is of recovery of 1.455 litres of foreign

                   liquor from the dickey of the motorcycle of the petitioner

                   bearing Registration No. BR32L9753.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has been

                   falsely implicated in the case. Petitioner is the owner of the

                   motorcycle and while he had parked his motorcycle in the

                   market, some anti social element dumped the liquor on the
          Patna High Court CR. MISC. No.20354 of 2026(2) dt.08-04-2026
                                                      2/2




                    seized motorcycle of the petitioner and fled away. The petitioner

                    has no concern either with the seized liquor or trade of liquor in

                    any manner.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R. and there is recovery of small quantity of liquor, the

                    petitioner, above named, is directed to be released on pre-arrest

                    bail, in the event of his arrest or surrender before the Court

                    below within a period of four weeks from today, on furnishing

                    bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the

                    like amount each to the satisfaction of learned District Court

                    where the case is pending in connection with Narhiya P.S. Case

                    No. 96 of 2025, subject to the condition as laid down under

                    Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                             (Purnendu Singh, J)
mantreshwar/-
U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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