Patna High Court
Dilip SahversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Dilip Sah, sought anticipatory bail fearing arrest in Excise P.S. Case No. 648 of 2026 for alleged offences under Sections 30(a), 32(3) and 36 of the Bihar Prohibition and Excise Act relating to the sale of illicit liquor. The prosecution’s case relied on the confessional statements of co‑accused seized with 20 litres of spirit and alleged that the petitioner supplied the liquor. The petitioner contended that his name was linked only through those statements, that the police raid of his premises yielded no incriminating material, and that the search and seizure were not conducted per Sections 103 and 105 of the Bharitya Nagrik Suraksha Sanhita. The State opposed the anticipatory bail. After considering the material, the court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and conditioned on surrender within six weeks, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the allegations under the Bihar Prohibition and Excise Act.
- Whether the confessional statements of co‑accused and alleged procedural lapses in search and seizure affect the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 36
Subjects
- anticipatory bail
- excise law
- illicit liquor
- search and seizure
- confessional statement
- Bihar Prohibition and Excise Act
- Bharitya Nagrik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34881 of 2026
Arising Out of PS. Case No.-648 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Dilip Sah S/o Mahendra Sah Resident of Village - Walipur, P.S.- Mahindwara,
District - Sitamarhi
... ... Petitioner/s
Versus
The state of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 648 of 2026, registered
for the offence punishable under Sections 30(a), 32(3) and 36 of
the Bihar Prohibition and Excise Act.
4. As per the allegation, co-accused Binod Sahni and
Ranjan Kumar were taken into custody, who were seated on a
motorcycle and altogether 20 liters of spirit was recovered from
the seized motorcycle. The aforesaid apprehended persons
disclosed that the petitioner handed over the spirit to them and it
has further been alleged that the petitioner is involved in the
Patna High Court CR. MISC. No.34881 of 2026(2) dt.20-05-2026
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business of sale of illicit liquor from a rented premises.
5. Learned counsel for the petitioner has submitted
that the name of petitioner transpired in this case on the basis of
the confessional statement of the co-accused before the police
while in police custody. It has further been submitted that the
premises of the petitioner was raided and nothing incriminating
was found. It has further been submitted that procedure of
search and seizure as prescribed under Sections 103 and 105
BNSS have not been followed. It has lastly been submitted that
since the petitioner has been made accused in three cases of
similar nature, the police has implicated the petitioner in the
cases one after another on the basis of materials which has got
no evidentiary value.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory 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 Exclusive Special
Patna High Court CR. MISC. No.34881 of 2026(2) dt.20-05-2026
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Judge, Excise-II, Muzaffarpur, in connection with Excise P.S.
Case No. 648 of 2026, subject to the conditions as laid down
under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Pawan/-
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