Patna High Court
Jiwachh Sah @ Makhan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
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
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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
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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
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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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