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Patna High Court

Bhogendra Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to both petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.

Summary

The petitioners, Bhogendra Kumar Sah (driver) and Gopal Kumar (passenger), were arrested in connection with the seizure of 288 litres of Nepali liquor from a vehicle, alleged to violate Sections 274, 275, 3/5 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. They contended they had no knowledge of the illicit liquor, that nothing was recovered from their possession, and that the police failed to comply with Section 105 of the B.N.S. during the seizure. The State opposed bail, noting a prior criminal case against petitioner 1. After hearing both sides, the Court found merit in the petitioners' arguments and ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the Special Judge's satisfaction. The bail order effectively enlarges the petitioners on bail pending trial.

Issues considered

  • Whether bail should be granted to the accused despite the alleged offences under the B.N.S. and Bihar Prohibition and Excise Act.
  • Whether the seizure of liquor complied with the procedural requirements of Section 105 of the B.N.S.
  • Whether the prior criminal antecedent of petitioner 1 precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • seizure procedure
  • Section 105 compliance
  • criminal antecedent
  • liquor smuggling

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21516 of 2026
                   Arising Out of PS. Case No.-14 Year-2026 Thana- Araria Sangram District- Madhubani
                 ======================================================
           1.     Bhogendra Kumar Sah Son of Thagai Sah @ Thakko Sah @ Kapildeo Sah
                  @ Kapildev Sah R/o Village - Narahiya, P.S. - Narahiya, District -
                  Madhubani.
           2.     Gopal Kumar Son of Ram Sagar Sah @ Ramsagar Sah R/o Village -
                  Narahiya, P.S. - Narahiya, District - Madhubani.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   06-04-2026                 Heard learned counsel for the petitioners and the learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Arariya Sangram P.S. Case No. 14 of 2026 corresponding to

                   G.R. No. 94 of 2026 registered for the offence punishable under

                   Sections 274, 275, 3/5 of the B.N.S., 2023 and Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   vehicle, altogether 288 liters of Nepali country-made liquor

                   were recovered. Petitioner no. 1 is a driver, whereas petitioner

                   no. 2 is a passenger in the alleged vehicle.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this
          Patna High Court CR. MISC. No.21516 of 2026(2) dt.06-04-2026
                                                      2/2




                    case. He also submits that nothing has been recovered from the

                    possession of these petitioners. They were unaware of the illicit

                    liquor being kept in the vehicle. He further submits that the

                    witnesses of the seizure list are police personnel and the police has

                    not complied with Section 105 of the BNSS while making the

                    seizure. Moreover, the petitioners are languishing in judicial

                    custody since 21.02.2026.

                                 5. The application for bail is opposed by learned APP

                    for the State and submits that petitioner no. 1 is having criminal

                    antecedent of one case, whereas petitioner no. 2 is a man of clean

                    antecedent.

                                 6. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this Court is

                    inclined to enlarge the petitioners on bail.         The above named

                    petitioners are directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                    sureties of the like amount each to the satisfaction of the learned

                    Special Judge, Excise Act, Jhanjharpur, Madhubani in connection

                    with Arariya Sangram P.S. Case No. 14 of 2026 corresponding to

                    G.R. No. 94 of 2026.


                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T


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