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Patna High Court

Jiwachh Sah @ Makhan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with a bond and conditions.

Summary

The petitioner, Jiwachh Sah, was arrested on 5 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act after a large quantity of liquor was seized from his father's shop and his residence. The prosecution alleged that the seizure was discovered during a police raid and that a co-accused identified the petitioner, although the petitioner was not present at the scene. The petitioner contended that no liquor was found in his personal possession and that the charges were based merely on suspicion, seeking bail after being in custody for over three months. The State opposed bail, citing four prior criminal cases, though the petitioner was already on bail in those matters. The High Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence, also directing verification of his criminal antecedent.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act considering the nature of the offence and the alleged evidence.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • prohibition
  • liquor seizure
  • Section 30(a)
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35844 of 2026
                    Arising Out of PS. Case No.-56 Year-2026 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Jiwachh Sah @ Makhan Sah Son of Late Dukhan Sah Resident of Village -
                 Madhepur, Sangat Chowk, Ward No. 9, P.S.- Madhepur, District - Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat
                 For the Opposite Party/s :      Mr. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-06-2026                      Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.03.2026 in connection with Madhepur P.S. Case No. 56 of

                   2026 for the offences punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                               3.     The case of the prosecution, in brief, is that

                   Kanchan Kumar Singh, the ASI., Madhepur Police Station (the

                   informant) submitted a written report to the S.H.O., Madhepur

                   Police Station alleging therein that on 27.02.2026 at 10.55A.M.

                   he reached at the house of the petitioner with Police Force

                   where two persons were talking who seeing the Police Force

                   fled away and on chase one co-accused was arrested who

                   disclosed the name of the petitioner who succeeded in fleeing
Patna High Court CR. MISC. No.35844 of 2026(2) dt.19-06-2026
                                            2/4




          away. It is next alleged that on search the informant found 3

          bottles containing 750M.L. each a Royal Stag Super Whiskey,

          2.both containing 750M.L. each. Royal Green Classic Blended

          Whiskey and 2 bottles containing 3.75 M.L. from the house of

          Bimal Kumar one mobile from his pocket of Vivo Company

          mobile bearing No.6202640813 were seized. Thereafter it is

          also alleged that on search of shop of father of the petitioner

          from where 264 bottles containing 750M.L. Royal Stage

          superior whiskey total 198 liters, 216 bottle containing

          750M.L.Royal Green Classic Blended whiskey total 162.00

          liters, 132 bottles containing 750 ML. each Blenders pride Ultra

          Premium whiskey total 99 liters and 720 bottles containing

          375M.L. Royal Green Classic Blended whiskey 720 bottles

          containing 375M.L. each total 270 liters, 48 bottles containing

          180M.L.Royal Green Classic Blended whiskey total 270 liters

          and 1392 bottles containing 180M.L. each total 250.560 liters

          grand total 973.560 liters were recovered and seized and seized

          article and arrested persons were handed over to the S.H.O. for

          taking legal action.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.35844 of 2026(2) dt.19-06-2026
                                            3/4




          the recovery has been made from the grocery shop of the

          petitioner. It is next submitted that although the recovery has

          been made but the petitioner was not present at the place of

          occurrence and petitioner has been made an accused in this case

          merely on the basis of suspicion. Learned counsel for the

          petitioner further submits that the police after investigation has

          submitted charge-sheet and the petitioner is in custody since

          05.03.2026.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits on the basis of supplementary affidavit

          that petitioner has antecedent of four cases other than the

          present case but fairly submits that petitioner is on bail in the

          pending matters.

                       6. Considering the aforesaid facts and circumstances,

          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 the learned Court of

          Exclusive Special Judge Excise Act, Jhanjharpur, District-

          Madhubani in connection with Madhepur P.S. Case No. 56 of

          2026, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
           Patna High Court CR. MISC. No.35844 of 2026(2) dt.19-06-2026
                                                       4/4




                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  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)
Gaurav Sinha/-

U      T


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