Patna High Court
Binod Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Binod Kumar Sah, a driver, was arrested in connection with the seizure of 981.36 litres of illicit foreign liquor from a pick‑up vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, not the owner of the vehicle, and that the search violated Section 103 of the Bihar Narcotic and Smuggling (B.N.S.S.) Act, 2023. The prosecution opposed bail, arguing the seriousness of the offence. The court, noting the petitioner’s clean antecedent, his role merely as a driver, and the period of custody, inclined to grant bail. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties, subject to the Exclusive Special Excise Court, while emphasizing that the observation was prima facie and not a determination on the merits.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged violation of Section 103 of the B.N.S.S., 2023, affects the bail consideration.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- search and seizure
- driver
- illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35313 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- RAJAON District- Banka
======================================================
Binod Kumar Sah Son of Parmanand Sah, Resident of Village- Uprama, P.S.-
Rajoun, District- Banka
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Rajoun (Nawada) P.S. Case No. 124 of 2026, registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
4. As per the prosecution case, total 981.36 litres of
illicit foreign liquor was recovered from a pick-up vehicle.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is merely a driver and he is not the owner
of the seized vehicle in question and he has no concern with the
allegedly recovered liquor. The search and seizure was in complete
violation of Section 103 of the B.N.S.S., 2023. Learned counsel
Patna High Court CR. MISC. No.35313 of 2026(2) dt.21-05-2026
2/2
lastly submits that petitioner has clean antecedent and he is in
custody since 08.04.2026.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and also considering petitioner’s clean antecedent and
his period of custody, this Court is inclined to grant bail to the
petitioner.
8. Accordingly, let the petitioner, above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Excise Court No.
1, Banka, in connection with Rajoun (Nawada) P.S. Case No. 124
of 2026.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observation shall
not be construed as an expression on the merits of the case and
shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Shahnawaz/-
U T
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