Patna High Court
Naresh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Naresh Sah was arrested in connection with a case registered under Sections 30(a), 33, 34 and 36 of the Bihar Prohibition and Excise (Amendment) Act after 72 litres of spirit were recovered from a mango orchard. The petitioner argued that the seizure was illegal because the police, who were the sole witnesses, failed to comply with Section 105 of the BNSS, and that no contraband was found in his possession. He also highlighted that he had been in judicial custody since 7 April 2026 and had ten prior similar cases, which the State used to oppose bail. The court, after hearing both sides, decided to grant bail subject to conditions of cooperation, physical presence at trial, weekly attendance at the police station, and a near‑relative bailor, with a bail bond of Rs.10,000 and two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to bail despite alleged non‑compliance with Section 105 of the BNSS during seizure
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the seizure of spirit was lawful and can be the basis for continued detention
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 33, 34, 36
- BNSS — s. 105
Subjects
- bail
- excise law
- seizure
- Section 105
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37051 of 2026
Arising Out of PS. Case No.-137 Year-2026 Thana- MUSAHARI District- Muzaffarpur
======================================================
Naresh Sah Son of Late Upendra Sah Resident of Village- Baikatpur Laxmi
Chowk PS- Musahari District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Musahari P.S. Case No.137 of 2026 registered for the
offence punishable under Sections 30(a), 33, 34, 36 of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that in the
mango orchard of Manoj Shah altogether 72 litres of spirit was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that one Guddu Kumar was
apprehended near the place of occurrence. Guddu Kumar and
local chawkidar have named this petitioner. Learned counsel for
the petitioner has submitted that nothing has been recovered
Patna High Court CR. MISC. No.37051 of 2026(2) dt.18-06-2026
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from the possession of the petitioner. It has been submitted that
the witnesses of the seizure list are police personnel and police
have not complied Section 105 of the BNSS while making
seizure. It has been submitted that the petitioner is in judicial
custody since 07.04.2026.
5. The application for bail is opposed by learned APP
for the State. It has further been submitted that the petitioner is
having criminal antecedent of ten cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the following
conditions:-
(i) the petitioner shall co-operate in the trial;
(ii) he shall remain physically present on each and
every date in the learned trial court, whenever required;
(iii) he shall also mark his weekly attendance at
Musahari P.S. and
(iv) one of the bailors should be near relative of the
petitioner.
7. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.37051 of 2026(2) dt.18-06-2026
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satisfaction of the court of learned Exclusive Special Excise
Judge, Court No.-III, Muzaffarpur in connection with Musahari
P.S. Case No. 137 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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