Patna High Court
Ambika Sah @ Amika SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ambika Sah, was arrested on 19 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged possession of 30 litres of illicit country-made liquor seized from a bamboo orchard. The petitioner claimed a clean antecedent and argued that the seizure was not from his conscious possession, asserting that he was implicated merely on suspicion. The Additional Public Prosecutor opposed bail. The Court considered the lack of direct evidence linking the petitioner to the seized liquor and his claim of false implication. It ordered the release of the petitioner on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the mere suspicion and lack of direct recovery from the petitioner’s possession justify bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Section 30(a)
- Bihar
- criminal antecedent
- suspicion
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39335 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- Excise Mashrakh District- Saran
======================================================
Ambika Sah @ Amika Sah S/o Late Inar Sah @ Late Iner Sah Resident of
Village - Repura, P.S.- Marhowrah (Marhaura), District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Dewendra Narayan Singh, learned
counsel for the petitioner and Mr. Ramesh Chandra, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.04.2026 in connection with Mashrakh P.S. Case No. 51 of
2026, F.I.R. dated 18.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 30 liters of illicit country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of petitioner rather the
Patna High Court CR. MISC. No.39335 of 2026(2) dt.23-06-2026
2/3
recovery has been made from the Bamboo Orchard and the
petitioner has been made accused merely on the basis of
suspicion and except the suspicion nothing has come during
investigation, which suggest the involvement of petitioner in the
present offence. The petitioner is in custody since 19.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned 3rd
Exclusive Special Excise Court, Saran at Chapra in connection
with Mashrakh P.S. Case No. 51 of 2026, subject to the
following conditions:-
i. 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, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.39335 of 2026(2) dt.23-06-2026
3/3
iii. 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 her
criminal antecedent, 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.
(Rajesh Kumar Verma, J)
Suruchi /-
U T
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