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Patna High Court

Chhotelal SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Chhotelal Sah, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 3.78 litres of liquor was allegedly recovered from his house. He contended that he was falsely implicated, that no incriminating article was found in his personal possession, and that he had been in custody since 3 March 2026. The State opposed his application for regular bail. After hearing both sides, the court considered the allegations in the FIR and the duration of his custody. The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Court, Saran. The bail order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the facts of the case.

Legislation cited

Subjects

  • bail
  • regular bail
  • prohibition law
  • excise law
  • criminal procedure
  • false implication
  • liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23954 of 2026
                      Arising Out of PS. Case No.-54 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Chhotelal Sah Son of Late Sona Sah R/o Village - Dayalpur, P.S.- Janta Bazar,
                 District - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roshan Kumar, Advocate
                                                  Mr. Md. Waliur Rahman, Advocate
                                                  Mr. Subodh Kumar Barnwal, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   16-04-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Janta Bazar P.S. Case

                   no.54 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                 3. As per the prosecution case, 3.78 litres of liquor

                   was recovered from the house of the petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedent. No incriminating article has been recovered from

                   his possession or from his house. He is in custody since

                   3.3.2026 and undertakes to cooperate in the investigation/trial.

                                 5. The application for bail is opposed by learned A.P.P
             Patna High Court CR. MISC. No.23954 of 2026(2) dt.16-04-2026
                                                         2/2




                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the FIR together with the petitioner having remained in custody

                       since 3.3.2026, the petitioner is directed to be enlarged on bail

                       in connection with Janta Bazar P.S. Case no.54 of 2026 on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned 3rd Exclusive Special Excise Court, Saran at Chapra.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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