Patna High Court
Surendra sahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner despite the recovery of liquor from the joint house and his prior antecedent.
Summary
The petitioner, Surendra Sah, was arrested in connection with a case (Janta Bazar PS Case No. 284/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, after 48 litres of liquor were recovered from his joint family house. The petitioner contended that he was falsely implicated, arguing that no liquor was found in his conscious possession and that the recovery was from a shared residence. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and pointed to his single prior criminal antecedent. The State opposed bail, but the court considered the circumstances, including the period of custody since 20‑11‑2025, and decided to grant bail. The court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- What is the applicability of bail provisions in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the recovery of liquor from a joint family house establishes possession sufficient to deny bail?
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail?
- Whether the petitioner’s prior criminal antecedent justifies denial of bail?
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- possession
- joint family house
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5167 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
Surendra sah Son of Late Bhagwan Sah R/o Village - Basahi, P.S. - Janta
Bazar, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. N.N. Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and Mr. N.N.
Tiwary, learned A.P.P for the State.
2. The petitioner seeks bail in connection with Janta
Bazar P.S. Case No. 284/2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 48 litres
of 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
from the joint house of the petitioner where other family
Patna High Court CR. MISC. No.5167 of 2026(2) dt.29-01-2026
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members of the petitioner also reside. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner is in
custody since 20.11.2025 and has one criminal antecedent.
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 Janta Bazar P.S. Case
No. 284/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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