Patna High Court
Saurabh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail.
Summary
The petitioner, Saurabh Kumar Sah, was implicated in a case involving the seizure of 324 litres of foreign liquor from a tempo, though he was neither the owner nor the driver and had no physical possession of the liquor. He applied for bail, arguing that his name surfaced only during investigation, he has no criminal antecedent, and co‑accused have already been granted bail. The court noted a violation of Section 103 of the B.N.S.S. and considered the lack of possession and clean record. Weighing these factors, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount. The order was pronounced by Justice Soni Shrivastava of the Patna High Court.
Issues considered
- Whether the petitioner, not being in possession of the seized foreign liquor, is entitled to bail?
- Whether the violation of Section 103 of the B.N.S.S. bars the grant of bail?
- Whether the petitioner’s clean criminal record and the bail granted to co‑accused justify bail in this case?
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 36, 41(1), 41(2)
- B.N.S.S. — s. 103
Subjects
- bail
- foreign liquor
- seizure
- Bihar Prohibition and Excise Act
- Section 103
- criminal procedure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36329 of 2026
Arising Out of PS. Case No.-391 Year-2025 Thana- ROSERA District- Samastipur
======================================================
Saurabh Kumar Sah Son of Mukti Sah Resident of Village- Malahipur,
Marachiujagar, P.S.- Hasanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a), 41(1), 41(2) & 36 of the
Bihar Prohibition and Excise Act, 2022.
3. Perusal of the first information report and the seizure
list would go to show that total 1495.540 liters of foreign liquor
is said to have been recovered from a truck and 324 liters of
foreign liquor from a tempo. However, the petitioner is only
concerned with 324 liters of foreign liquor.
4. It is submitted by learned counsel for the petitioner
that the name of the petitioner has surfaced in this case
subsequently during investigation. The petitioner is neither the
owner nor the driver of the said tempo. There is no recovery
Patna High Court CR. MISC. No.36329 of 2026(2) dt.09-06-2026
2/2
from the conscious or physical possession of the petitioner. It is
further submitted that several similarly situated co-accused have
already been granted the privilege of bail vide Annexure-P/2
series to this application. There is violation of Section 103 of
the B.N.S.S. Petitioner has no criminal antecedent and has been
languishing in custody since 17.04.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is violation of Section 103 B.N.S.S. coupled with the fact that
petitioner has no criminal antecedent, the above named
petitioner is directed to be enlarged on 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 Court
below where the case is pending/successor Court in connection
with Rosera P.S. Case No. 391 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
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