Patna High Court
Nitish Sah @ Nitesh SahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as there was no prima facie evidence of conscious possession of the illicit liquor.
Summary
The petitioner, Nitish Sah, was named in an FIR for possession of 21.540 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed the motorcycle used to transport the liquor was lent in friendly faith to co‑accused Suraj Kumar Choudhary, who later implicated him. The petitioner argued he had no conscious physical possession of the liquor and has a clean antecedent. The State opposed his anticipatory bail. The Court, noting the lack of prima facie evidence of conscious possession, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482 B.N.S.S. in view of the alleged possession of illicit liquor
- Whether there is prima facie evidence of conscious physical possession by the petitioner
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36662 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- Telta District- Katihar
======================================================
Nitish Sah @ Nitesh Saha S/o Umesh Sah Resident of Village- Aandov @
Gyandov @ Jaandov @ Ghyandov, P.S. -Amour, District- Purnea
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Telta P.S. Case No.
01 of 2026 registered for the offences punishable under Sections
30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 21.540 litres of illicit liquor and engaged in
illegal trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that the alleged motorcycle was given under friendly
faith to co-accused namely, Suraj Kumar Choudhary, which
was misused in alleged carrying of illicit liquor and when said
Suraj Kumar Choudhary was apprehended by police, he
Patna High Court CR. MISC. No.36662 of 2026(2) dt.08-06-2026
2/2
disclosed the name of this petitioner, therefore, it can be safely
said that recovery of illicit liquor was not made from conscious
physical possession of this petitioner, who is a man of clean
antecedent.
5. Mr. Suresh Pd. Singh, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from conscious physical possession of
this petitioner, who is a man of clean antecedent, accordingly,
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
No. I, Katihar/concerned court in connection with Telta P.S.
Case No. 01 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.