Patna High Court
Dhanai SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as there is no evidence of conscious possession of the illicit liquor.
Summary
The petitioner, Dhanai Sah, sought pre‑arrest bail in a case where 120 litres of illicit liquor was seized from a tempo he owned. The FIR alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022, but no incriminating material was found in the petitioner's conscious possession. The petitioner claimed innocence and lack of involvement in liquor trade, while the State opposed bail. The Court examined the facts and concluded that, as the owner of the vehicle, the petitioner had not demonstrated conscious possession of the contraband, establishing a prima facie case for bail. Accordingly, the Court ordered that the petitioner be released on pre‑arrest bail upon surrender, subject to a bail bond and sureties, and directed the District Court to verify his criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite being the owner of the vehicle from which illicit liquor was seized
- Whether the absence of incriminating material in the petitioner's conscious possession establishes a prima facie case for bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- pre‑arrest bail
- conscious possession
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20435 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- PARSA District- Saran
======================================================
Dhanai Sah S/o- Mishri Sah R/v- Bankerwa Ps- Parsa Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Ms.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Ms. Mili Kumari, learned counsel appearing
on behalf of the petitioner and Ms. Asha Devi, learned APP for
the State.
2. The petitioner seeks pre-arrest bail in connection
with Parsa P.S. Case No. 396/2025 registered for the offence(s)
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act, 2022 (as amended upto date).
3. As per the allegation made in the FIR, 120 litres
of illicit made liquor was recovered from a tempo bearing Reg.
No.BR04PA-7196 and petitioner is the owner of the said
motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in the case. He has no concern either with the
seized liquor or trade of liquor in any manner. The petitioner is
Patna High Court CR. MISC. No.20435 of 2026(2) dt.08-04-2026
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the owner of the tempo bearing Registration No. BR04PA-7196,
but no incriminating material has been recovered from the
conscious possession of the petitioner. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, upon perusal of the materials available
on record, this Court finds that the petitioner is the owner of the
tempo bearing Registration No. BR04PA-7196 but there is no
incriminating material to indicate conscious possession of the
petitioner. I am of the opinion that the petitioner has, prima
facie, made out a case to be released on pre-arrest bail.
7. Considering the nature of allegation made against
the petitioner, the petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District Court where the case is
pending/successor court in connection with Parsa P.S. Case No.
396/2025, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.20435 of 2026(2) dt.08-04-2026
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438(2) of the Cr.P.C./482 of the BNSS.
8. 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.
(Purnendu Singh, J)
Ashishsingh/-
U T
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