Patna High Court
Deepak SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Deepak Sah, was arrested in connection with a case where 50 litres of country‑made liquor were recovered from a motorcycle. He asserted that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession. He had been in custody since 12‑Nov‑2025 and possessed no prior criminal record. The State opposed his bail application. Considering the lack of evidence, the short period of custody, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the present circumstances
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, impacts the grant of bail
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- excise
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2111 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- JALALPUR District- Saran
======================================================
Deepak Sah S/o Rameshwar Sah R/o Village - Bhusav, P.S - Baniyapur,
District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Ambuj, Advocate
For the Opposite Party/s : Mr.Akbar Ali, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jalalpur P.S. Case No. 267 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 50 liters
of country made liquor was recovered from motorcycle.
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 has got
no concern with the alleged recovery of liquor. The petitioner is
not the owner of the vehicle rather he was passersby of the way
Patna High Court CR. MISC. No.2111 of 2026(2) dt.19-01-2026
2/2
and has become victim of circumstances. The petitioner is in
custody since 12.11.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jalalpur P.S. Case
No. 267 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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