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Patna High Court

Tribhuwan Kumar Sah @ Narayan Sah @ Tribhuwan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

The petitioner was arrested on 28-04-2026 in connection with a case involving the seizure of 546 litres of illicit Wiscof cough syrup, alleged to violate Sections 30(a) and 41 of the Bihar Prohibition & Excise Act. He claimed he was falsely implicated, stating that his name was added later during investigation and that he had confessed to a different case. The petitioner highlighted that co‑accused individuals had already been granted bail in related matters. The State opposed bail, noting the petitioner’s involvement in four other pending cases. After considering the circumstances, the court ordered the petitioner’s release on bail with a Rs.10,000 bond and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in the offence under the Bihar Prohibition & Excise Act.
  • Whether the petitioner poses a risk of tampering with evidence or witnesses.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • criminal antecedent
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38747 of 2026
                        Arising Out of PS. Case No.-278 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 Tribhuwan Kumar Sah @ Narayan Sah @ Tribhuwan Sah S/O Late Ganesh
                 Sah R/O Village - Bihra ward no.- 5, P.s- Bihra, District - Saharsa

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-06-2026                    Heard Mr. Chandra Mohan Jha, learned counsel for

                   the petitioner and Mr. Ganesh Prasad Singh, learned APP for

                   the State.

                                2. Petitioner seeks bail, who is in custody since

                   28.04.2026, in connection with Bihra P.S. Case No. 278 of

                   2025, F.I.R. dated 29.11.2025                 registered for the offences

                   punishable under Sections 30(a), 41 of Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 546 litres of illicit Wiscof cough

                   Syrup.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that initially the petitioner was

                   not named in the F.I.R. and the name of the petitioner has been
Patna High Court CR. MISC. No.38747 of 2026(2) dt.19-06-2026
                                            2/3




          transpired during investigation. The petitioner was arrested in

          connection with Bihra P.S. Case No. 138 of 2026 in which he

          has confessed his guilt in the present case and except the

          aforesaid,      nothing      cogent      material    has   come   during

          investigation to suggest the involvement of the petitioner in the

          present occurrence. He further submits that co-accused person

          namely, Vicky Kumar has been granted bail by this Court vide

          order dated 10.04.2026 passed in Cr. Misc. No. 13624 of 2026,

          another co-accused persons namely, Sonu Ram @ Sonu and

          Nitish Kumar have been granted bail by this Court vide order

          dated 31.03.2026 passed in Cr. Misc. No. 19410 of 2026

          respectively. The petitioner is in custody since 28.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioner and submits that the petitioner carries four more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released 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
               Patna High Court CR. MISC. No.38747 of 2026(2) dt.19-06-2026
                                                           3/3




                         learned I/C Exclusive Special (Excise) Judge-II, Saharsa in

                         connection with Bihra P.S. Case No. 278 of 2025, subject to the

                         following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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