Patna High Court
Sanjay Sah @ Sanjay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Sanjay Sah, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 25.180 litres of foreign liquor on a red scooter. The scooter was intercepted; one individual was apprehended and identified the petitioner, who had fled the scene and was not seized in possession of the liquor. The petitioner contended that he was innocent, had no recovered contraband from his conscious possession, and was already on bail in four other cases. The State argued that the petitioner was a habitual offender with similar prior offences. The Court, noting the lack of direct possession, the fact that the petitioner was not apprehended at the spot, and the filing of the charge sheet, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S. The order also required the petitioner’s presence on all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the petitioner’s prior criminal history and similarity of past offences affect the grant of bail.
- Whether the provisions of Section 480(3) of the B.N.S.S. are applicable to impose bail conditions.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- habitual offender
- Section 480(3)
- excise offence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44103 of 2026
Arising Out of PS. Case No.-800 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Sanjay Sah @ Sanjay Kumar Sah Son of Shivnath Sah @ Dhural Sah
Resident of Village- Mathiya, P.S.- Gopalganj Town, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Prasad, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Gopalganj Town P.S. Case No. 800 of 2025
registered for the alleged offences under Section 30(a) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, information was received
about two persons transporting liquor on a red colour scooty.
The said scooty was intercepted and two persons started running
away on seeing the police party, one person was apprehended.
The apprehended person disclosed the name of the petitioner,
who fled away from the spot. On search of the scooty, 25.180
Patna High Court CR. MISC. No.44103 of 2026(2) dt.08-07-2026
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litres of India made foreign liquor was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
conscious possession of the petitioner and he was not
apprehended from the spot. The petitioner has no concern with
the seized liquor or the scooty from which recovery has been
made. The petitioner is having antecedent of four cases and he is
on bail in all the cases. The petitioner is in custody since
18.04.2026 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the
petitioner is a habitual offender and two of the cases are of
similar nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from his conscious possession and
further considering the period of custody of the petitioner and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.44103 of 2026(2) dt.08-07-2026
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each to the satisfaction of learned District & Additional Sessions
Judge-XIII -cum- Special Judge, Excise -I,
Gopalganj/concerned Court in connection with Gopalganj Town
P.S. Case No. 800 of 2025, subject to the conditions mentioned
in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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