Patna High Court
Raja Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail, holding that the failure to comply with mandatory search and seizure procedures undermined the prosecution’s case.
Summary
The petitioner, Raja Kumar Sah, was arrested in connection with the seizure of 50 litres of country-made liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he neither owned the motorcycle nor had any control over the liquor, and that the seizure violated mandatory procedural requirements because there was no independent witness to the seizure list. The State opposed bail, citing the petitioner’s criminal antecedents, though the petitioner claimed he was already on bail in other cases. The Court examined the lack of compliance with search‑seizure provisions and found insufficient basis to keep the petitioner detained. Consequently, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the investigation and a family member as one bailor.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged procedural lapses in the seizure.
- Whether the non‑compliance with mandatory search and seizure provisions warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- search and seizure
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33772 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- KOPA District- Saran
======================================================
Raja Kumar Sah S/o Raj Kumar Sah @ Rajkumar Sah R/o Village - Inayatpur
(Enaetpur), P.S.- Daudpur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 50 liters of country made liquor is
said to have been recovered from a motorcycle.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The petitioner is neither the owner
of the motorcycle nor has any concern with the seized liquor.
There is violation of the mandatory provisions of the search and
seizure as there is no independent witness to the seizure list.
Patna High Court CR. MISC. No.33772 of 2026(3) dt.10-06-2026
2/2
Petitioner has been languishing in custody since 15.04.2026.
5. Learned APP for the State opposes the bail petition
on the ground that petitioner has several criminal antecedents. In
response, it is submitted on behalf of the petitioner that he is on
bail in all the cases.
6. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of mandatory provisions of search and
seizure, the above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Kopa P.S. Case No.
95 of 2026, subject to the further condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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