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Patna High Court

Naresh SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        3/3




                      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/-

U      T


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