Patna High Court
Raju Sah @ Raju Kumar @ Raju Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, subject to a bond and conditions.
Summary
The petitioner, Raju Sah, was arrested in connection with a seizure of 142.2 litres of Nepali liquor from a bike and charged under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the police failed to comply with Section 105 of the BNSS while preparing the seizure list, and that his inclusion was solely due to his prior criminal antecedents. The State opposed his bail, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner's claims and granted regular bail, directing him to furnish a bail bond of Rs.10,000 with two sureties and to refrain from committing similar offences. The order was conditioned on satisfaction of the Exclusive Special Excise Court, Motihari.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure list complied with Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- seizure
- criminal antecedents
- Section 105 BNSS
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27597 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Raju Sah @ Raju Kumar @ Raju Kumar Sah S/O Indrajeet Sah @ Indrajit
Sah R/O Vill.- Bijbani, Baraiya Tola, P.S.- Jitna, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a bike,
altogether 142.2 liters of Nepali country made liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He is not
concerned in any way with the alleged bike. Learned counsel has
submitted that as he was present there, he was apprehended by
police. The witnesses of the seizure list are police personnel and
Patna High Court CR. MISC. No.27597 of 2026(3) dt.24-06-2026
2/2
police has not complied Section 105 of BNSS while preparing
seizure list. It has further been submitted that as far as his criminal
antecedents are concerned, he is having eleven criminal
antecedents. His name has surfaced in this case on the statement of
local chowkidar. He has been framed in this case only on the basis
of his criminal antecedent. Moreover, he is languishing in judicial
custody since 10.03.2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ghorasahan P.S. Case No. 439 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise Court
No.-3, Motihari, East Champaran with a condition that the
petitioner shall not indulge in similar nature of offence in
future.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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