Patna High Court
Amar Sahi @ Amar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Amar Sahi was arrested in connection with Chapra Rail Police Station Case No. 195 of 2025 for alleged possession of 82.63 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from a bag, but the petitioner contended the bag did not belong to him and that he was falsely implicated. He had been in custody since 29 September 2025 and possessed one prior criminal antecedent, while the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The learned counsel for the petitioner argued lack of conscious possession and false implication, whereas the State opposed bail. Considering the circumstances, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount. The order released the petitioner pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the alleged possession of liquor, prior criminal antecedent, and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- false implication
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5821 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Amar Sahi @ Amar Sahni Son of Ajendra Sahi @ Ajendra Kumar Shahi RO
Village - Arara, Ward no. 3, P.S. - Sadar Hajipur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr. Bharat Lalm, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chapra
Rail P.S. Case No. 195 of 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 82.63
litres of liquor has been recovered from petitioner’s bag.
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 bag but the said bag does not belong to the petitioner.
Patna High Court CR. MISC. No.5821 of 2026(2) dt.31-01-2026
2/2
The petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 29.09.2025 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 Chapra Rail P.S.
Case No. 195 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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