Patna High Court
Rajkumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Rajkumar Sah was arrested in connection with the recovery of 4.86 litres of illicit country-made liquor from his joint house, alleged to be offences under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his conscious possession and that he was falsely implicated, also noting the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the petitioner’s three prior criminal antecedents and his custody since 7 January 2026. The Court examined the facts, the absence of direct possession, and procedural lapses, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of illicit liquor under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, considering lack of conscious possession and joint house ownership.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
- Impact of the petitioner’s prior criminal antecedents on the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Section 103 BNSS
- joint house
- prior antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4317 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Rajkumar Sah Son of Late Muniv Sah Resident of Village- Marhowrah, ward
no. 13, P.S.- Marhowrah, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Marhowrah P.S. Case No. 22 of 2026 instituted for the offences
punishable under Sections 30(a) and 37 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 4.86 litres
of illicit country-made liquor has been recovered from the house
of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.4317 of 2026(2) dt.27-01-2026
2/2
from the joint house of the petitioner where other family
members of the petitioner also reside. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner is in
custody since 07.01.2026 and has three criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 22 of 2026.
(Rudra Prakash Mishra, J)
atul/-
U T
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