Patna High Court
Bhikhar Sao @ Bhakhri Sao @ Sahbir Sao @ Shahveer SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Bhikhar Sao, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 720 litres of liquor from a car. He has three prior cases but was not arrested at the scene and no liquor was found in his possession; he was implicated solely on suspicion and has been in custody since 21-11-2025. The petitioner applied for bail, arguing lack of direct evidence and his continued detention. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, pending trial in the Muffasil P.S. case No. 137 of 2020.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged offence is based on suspicion and no liquor was recovered from his possession.
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- suspicion
- prior cases
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88797 of 2025
Arising Out of PS. Case No.-137 Year-2020 Thana- MUFFASIL District- Aurangabad
======================================================
Bhikhar Sao @ Bhakhri Sao @ Sahbir Sao @ Shahveer Saw Son of Kailash
Saw Resident of village - Tendua, Pokhar, P.S.- Muffasil, District -
Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rupa Kumari
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases and allegation is of
recovery of 720 litres of liquor from a car.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on suspicion and is in custody since 21-11-
2025.
Patna High Court CR. MISC. No.88797 of 2025(2) dt.09-01-2026
2/2
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Muffasil P.S. Case
No. 137 of 2020.
(Satyavrat Verma, J)
Sumit/-
U T
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