Patna High Court

Mahesh Kumar SahversusThe State of Bihar

Decided: 12 May 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

Bail was granted to the petitioner subject to prescribed conditions.

Summary

Mahesh Kumar Sah was arrested in connection with an Excise case (Case No. 69 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition & Excise Act, involving the recovery of 711 litres of Nepali liquor from a vehicle he was driving. The petitioner claimed he was not the owner or driver of the vehicle and was falsely implicated, emphasizing his clean antecedents and that he had been in custody since 12 February 2026. The State opposed bail, but the court considered the charge sheet, the petitioner’s custody period, and his clean record. The court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail order required the petitioner to appear on all court dates and stipulated cancellation of bail upon three consecutive absences or violation of conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the facts, custody period, and clean antecedents.

Legislation cited

Bihar Prohibition & Excise Act — s. 30(a)
BNSS — s. 480(3)

Subjects

bail
excise law
Bihar Prohibition & Excise Act
Section 30(a)
criminal procedure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30456 of 2026
                      Arising Out of PS. Case No.-69 Year-2026 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Mahesh Kumar Sah, Son of Ashok Kumar Sah, Resident of Village –
                 Rohilaganj, Ward No.5, P.S.- LNMU, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Virendra Kumar, Advocate
                 For the Opposite Party/s :         Mrs.Pushpa Sinha-1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Excise Town P.S. Case No. 69 of 2026

                   registered for the alleged offence under Section 30(a) of the

                   Bihar Prohibition & Excise Act.

                                3. As per prosecution case, recovery of 711 liters of

                   country made Nepali liquor was made from the vehicle being

                   driven by the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is neither the owner nor the driver of the

                   vehicle and he was arrested merely on suspicion. Nothing

                   incriminating has been recovered from the person/possession of
Patna High Court CR. MISC. No.30456 of 2026(2) dt.12-05-2026
                                            2/3




          the petitioner. The petitioner is in custody since 12.02.2026 and

          is having clean antecedents. The charge sheet has been

          submitted.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          submission of charge sheet, period of custody of the petitioner

          along with his clean antecedents, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge-1 (Excise Act),

          Darbhanga/court concerned in connection with Excise Town

          P.S. Case No. 69 of 2026, subject to the conditions mentioned in

          Section 480(3) of BNSS and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each

                       and every date fixed by the court below.

                       (iii) In case of absence on three consecutive

                       dates or in violation of the terms of the bail, the

                       bail bond of the petitioner will be liable to be
           Patna High Court CR. MISC. No.30456 of 2026(2) dt.12-05-2026
                                                       3/3




                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Virendra Kumar