Patna High Court
Umesh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Umesh Sah, was arrested in connection with the seizure of 1,305 litres of country-made liquor, alleged to be an offence under sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act. He contended that no liquor was recovered from his possession, that the seizure list was prepared without an independent witness and without complying with Section 105 of the BNSA, and that he was falsely implicated. The State opposed his bail application, citing the seriousness of the alleged offence. After hearing both sides, the Court found merit in the procedural irregularities and the lack of direct evidence against the petitioner, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise Act, Madhubani. The bail order was pronounced on 4 May 2026.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged large-scale liquor seizure.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act in preparing the seizure list warrants bail.
- Whether the absence of liquor in the petitioner’s possession and lack of independent witnesses preclude denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- liquor seizure
- procedural lapse
- Section 105
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28252 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- MADHWAPUR District- Madhubani
======================================================
Umesh Sah S/O Late Shivjee Sah Resident of Village- Pahipura, P.S-
Saharghat, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 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 sections 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution is that from an open
field, altogether 1305 liters of 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 has been
falsely implicated in this case. He has no concern with the
Patna High Court CR. MISC. No.28252 of 2026(2) dt.04-05-2026
2/2
alleged recovery of liquor. There is no independent witness of
the seizure list rather they are police personnel. Police has not
followed Section 105 of BNSS while preparing the seizure list.
Moreover, he is languishing in judicial custody since
31.03.2026.
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
Madhwapur P.S. Case No. 60 of 2026 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 Judge
Excise Act, Madhubani.
(Ashok Kumar Pandey, J)
shubham/-
U T
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