Patna High Court
Chhote SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Chhote Sah was arrested on 22 March 2026 in connection with the seizure of 259.200 litres of illicit foreign liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no conscious possession of the liquor, possessed a clean antecedent, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The High Court, noting the lack of direct possession, the petitioner’s clean record, and the procedural lapse, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed the Exclusive Excise Court‑II, Jamui to accept the bail without delay for verification.
Issues considered
- Whether bail should be granted when the accused is not found in conscious possession of the seized liquor
- Whether the petitioner’s clean antecedent and alleged procedural non‑compliance under Sections 103/105 of the BNSS, 2023 warrant bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32727 of 2026
Arising Out of PS. Case No.-501 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
Chhote Sah Son of Ashok Sah Resident of Village- Gayghat, Ward No. 13,
P.S.- Rosara, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Jay, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Kumar Jay, learned counsel for the
petitioner and Mr. Chandra Sen Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.03.2026 in connection with Jamui Prohibition P.S. Case No.
JAM 501 of 2026, F.I.R. dated 21.03.2026 for the offences
punishable under Sections 30(a) and 32(3)of the Bihar
Prohibition and Excise Act.
3. Recovery is of 259.200 liters of illicit foreign 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
Patna High Court CR. MISC. No.32727 of 2026(2) dt.13-05-2026
2/3
altogether 259.200 liters of foreign liquor has been recovered
from the tempo in question. It appears from the seizure list that
there is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioner is in custody since 22.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, petitioner has clean antecedent and there is
non-compliance of Section 103/105 of the BNSS, 2023, 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
Excise Court-II, Jamui in connection with Jamui Prohibition
P.S. Case No. JAM 501 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.32727 of 2026(2) dt.13-05-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.