Patna High Court
Niraj Kumar Sah @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Niraj Kumar Sah was arrested on 1 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, involving the recovery of 300 litres of country-made liquor from a river bank. He pleaded that he has a clean antecedent, was falsely implicated, and that the seizure was not in his possession. The petitioner also argued that the investigation failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023, and that the witnesses were police personnel. The State opposed bail, but the Court noted the lack of possession, clean record, and procedural lapses, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedents and allowed cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
- Whether the investigation complied with the procedural requirements of Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s clean antecedent and lack of possession justify granting bail.
Subjects
- bail
- prohibition act
- illicit liquor
- procedural compliance
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24242 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Niraj Kumar Sah @ Niraj Kumar S/o Sahdeo Sah R/o Village- Gopalganj, PS-
Sidhwaliya, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roshan Kumar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Roshan Kumar, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
01.03.2026, in connection with Revilganj P.S. Case No. 127 of
2026, F.I.R. dated 28.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act, 2016.
3. Recovery is of 300.00 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. that recovery has been made from the
bank of the river and altogether 300.00 litres of country made
Patna High Court CR. MISC. No.24242 of 2026(2) dt.15-04-2026
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liquor has been recovered from the place of occurrence. As per
allegation in the F.I.R. the petitioner was apprehended from the
place of occurrence and other co-accused persons have fled
away from the place of occurrence. He further submits that the
petitioner has no concern at all with the alleged recovery of
illicit liquor and he has been made accused in the present case
merely on the basis of suspicion and there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the seizure list
witnesses are police personnel and the petitioner is in custody
since 01.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned 02nd Exclusive Special Excise Judge,
Saran (Chapra) in connection with Revilganj P.S. Case No. 127
Patna High Court CR. MISC. No.24242 of 2026(2) dt.15-04-2026
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of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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