Patna High Court
Bijay Kumar Sah @ Vijay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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