Patna High Court
Uday SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, given the lack of incriminating material in the petitioner's possession and the extended period of pre‑trial custody, bail should be granted.
Summary
The petitioner, Uday Sah, was arrested in connection with the recovery of 603.05 liters of spirit from his house and charged under Sections 30(a), 30(d), 33, 34(a) and 36 of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the spirit was found in a house shared with other family members and that no incriminating material was found in his personal possession; he further contended that his arrest was based merely on suspicion and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. The Court, after considering the nature of the offences, the period of custody since 21‑10‑2025, and the lack of direct evidence against the petitioner, decided to grant bail. The bail order required a cash bond of Rs. 15,000 and two sureties of the same amount. The petitioner was thus released on bail pending trial.
Issues considered
- Whether bail should be granted in a case involving offences under the Bihar Prohibition and Excise Act.
- Whether the arrest based solely on suspicion and without personal possession of the seized spirit justifies denial of bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition and excise
- pre‑trial custody
- suspicion
- Section 103
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8153 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Uday Sah S/O Late Suresh Sah R/O Vill - Bachhauta, P.S - Morkahi,Dist.-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Morkahi P.S. Case No. 152 of 2025, instituted for the offences
punishable under Sections 30(a), 30(d), 33, 34(a) and 36 of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 603.05 liters
spirit was recovered from the house of petitioner and was
apprehended on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.8153 of 2026(2) dt.10-02-2026
2/2
no concern with the alleged recovery of spirit. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from the hosue of the petitioner where other family
members also reside. It is further submitted that the petitioner
has been arrested only on the basis of suspicion. The petitioner
is in custody since 21.10.2025 and has got one criminal
antecedent in which he is on bail. There is no compliance of
Section 103 of the Bharatiya Nagarik 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 and 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 Morkahi P.S. Case
No. 152 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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