Patna High Court
Shila SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
Shila Sah was arrested on 12 March 2026 in connection with a FIR dated 14 February 2026 for possession of four litres of illicit country-made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed he was falsely implicated based solely on a chowkidar’s disclosure and that no further evidence linked him to the crime. The State opposed bail, noting two other similar cases pending against the petitioner, though he was already on bail in those matters. The Court considered the lack of substantive evidence and the petitioner’s claim of false implication, and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties. The bail was conditioned on the petitioner’s cooperation with the trial, regular appearance, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the evidence presented is sufficient to justify denial of bail.
- Whether the petitioner’s pending cases affect the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- Bihar
- criminal procedure
- false implication
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33413 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- KHAIRA District- Saran
======================================================
Shila Sah S/O Bhulan Sah R/O Vill- Hariharpur Kanar, P.O.- Khaira, P.S-
Khaira, Dist- Saran at Chapra- 841414.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr.Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr.Jeetendra Narayan, learned counsel for the
petitioner and Mr.Rajesh Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
12.03.2026 in connection with Khaira P.S. Case No. 64 of 2026,
F.I.R. dated 14.02.2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 04 liters of illicit countrymade
liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. The name of the petitioner has been transpired
during investigation on the basis of the disclosure made by the
local chowkidar. As per allegation in the FIR, the petitioner has
Patna High Court CR. MISC. No.33413 of 2026(2) dt.14-05-2026
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fled away from the place of occurrence and the chowkidar has
disclosed that the petitioner has fled away from the place of
occurrence and except the aforesaid, nothing has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence and the petitioner is in
custody since 12.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one of similar nature but
fairly submits that the petitioner is on bail in both the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned 3 rd Exclusive Special Excise
Court, Saran at Chapra in connection with Khaira P.S. Case No.
64 of 2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.33413 of 2026(2) dt.14-05-2026
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(II) If the petitioner tampers with the evidence or the
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)
Nitesh/-
U T
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