Patna High Court
Tribhuwan Kumar Sah @ Narayan Sah @ Tribhuwan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise Act — s. 30(a), 41
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.