Patna High Court
Subhash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the BNSS.
Summary
The petitioner, Subhash Sah, sought bail in a case involving the alleged seizure of 3,548 litres of illicit liquor, of which 2,259 litres were recovered from a truck. He claimed innocence, stating that his name appeared only in the confessional statements of co-accused and that he was neither the owner nor driver of the seized vehicle, with no incriminating material found in his possession. The State opposed the bail petition, citing the serious nature of the offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bihar Excise and Prohibition and Excise Act. The court considered the petitioner’s clean antecedent, lack of direct evidence, and the circumstances of the case, and ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order was directed to be complied with by the Exclusive Special Court Excise – 1, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to bail in a case involving offences under the BNSS and the Bihar Excise and Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of direct incriminating material justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 317(5), 318(4), 336(3), 338, 340(2), 482(2), 61(2)
Subjects
- bail
- illicit liquor
- excise law
- BNSS
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75690 of 2025
Arising Out of PS. Case No.-721 Year-2024 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Subhash Sah S/o Prabhu Sah Resident of Village- Mathurapur, Subhan
Karpur, P.S.- Muzaffarpur Sadar, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar , Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 318(4), 338, 336(3),
340(2), 317(5), 61(2) of BNSS and Sections 30(a), 32(2), 36 and
41(1) of the Bihar Excise and Prohibition and Excise Act.
3 . As per the prosecution case, total 3548 litres of
illicit liquor was recovered out of which 2259 litres of illicit
liquor recovered from the seized truck .
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has falsely been implicated in this
case . The name of the petitioner transpired in this case , in the
confessional statement of other co-accused persons. Petitioner is
Patna High Court CR. MISC. No.75690 of 2025(2) dt.05-02-2026
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neither owner nor driver of the seized truck . No incriminating
article has been recovered from the possession of this petitioner.
Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 Exclusive
Special Court Excise – 1, Muzaffarpur in connection with
Muzaffarpur Sadar P.S. Case No. 721 of 2024 , subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U
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