Patna High Court
Bhogendra Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S., 2023 — s. 105, 274, 275, 3/5
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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