Patna High Court
Sahebjan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to specified conditions.
Summary
Petitioners Sahebjan Thakur and Suraj Kumar Rajbhar were arrested on 29 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged possession of 144 litres of country liquor seized from a motorcycle. They contended that they were falsely implicated, were not owners of the motorcycle, and that the investigation violated Sections 103 and 105 of the BNSS. The State opposed their bail application. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure and investigation complied with Sections 103 and 105 of the BNSS.
- Whether the accused are the owners of the seized motorcycle and liquor.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- false implication
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30578 of 2026
Arising Out of PS. Case No.-105 Year-2026 Thana- NAUTAN District- Siwan
======================================================
1. Sahebjan Thakur S/o Jamadar Miyan R/o Imalawali, P.S.- Mairwa, District-
Siwan.
2. Suraj Kumar Rajbhar @ Suraj Kumar S/o Budhan Rajbhar R/o Imalawali,
P.S.- Mairwa, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Raghav Prasad, learned counsel for the
petitioners and Mr. Sanjay Kumar Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
29.03.2026 in connection with Nautan P.S. Case No. 105 of
2026, F.I.R. dated 29.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 144.00 liters of country liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have 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
Patna High Court CR. MISC. No.30578 of 2026(2) dt.06-05-2026
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recovered from the conscious possession of the petitioners
rather the recovery has been made from motorcycle in question
and petitioners are not the owners of the motorcycle in question.
He further submits that seizure list witness are police personnel
and there is non-compliance of Section 103 and 105 of BNSS
and the petitioners are in custody since 29.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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 Excise Court No.II, Siwan in connection with
Nautan P.S. Case No. 105 of 2026, subject to the following
conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
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for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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