Patna High Court
Rahil Sah @ Rahil ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Rahil Sah, arrested on 16 January 2026, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 200 litres of country‑made liquor. He contended that he had no ownership of the vehicle from which the liquor was seized, had a clean antecedent, and that the seizure list violated Sections 103 and 105 of the BNSS, 2023 because it was prepared solely by police personnel. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge of the Excise Court, Araria.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure procedure complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the accused’s alleged lack of ownership of the vehicle and clean antecedent justify bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- seizure procedure
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26220 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- R S P.S. District- Araria
======================================================
Rahil Sah @ Rahil Shah S/o- Firdosh Sah Resident of Village- Rajokhar ward
No- 03 PS- RS, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Gopal Kumar Jha, learned counsel for
the petitioner and Mr. Narsingh Tanti, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.01.2026 in connection with R.S. P.S. Case No. 11 of 2026,
F.I.R. dated 16.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 200 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery of 200 liters of country made liquor has been made
Patna High Court CR. MISC. No.26220 of 2026(2) dt.20-04-2026
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from the tempo in question and petitioner is not the owner of
said vehicle in question and he has no concern at all with the
illicit liquor or the vehicle in question. He further submits that
from perusal of the seizure list it appears that the seizure list
witnesses are the police personnel so there is non-compliance of
Section 103/105 of the BNSS, 2023. He further submits that the
police after investigation submitted charge sheet against the
petitioner. The petitioner is in custody since 16.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise Court-I, Araria in connection with R.S.
P.S. Case No. 11 of 2026 subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.26220 of 2026(2) dt.20-04-2026
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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