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Patna High Court

Dilip SahversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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/-

U     T


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