Patna High Court
Naresh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Naresh Sah, who was in custody since 17 November 2025, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police raided a hut behind his house and recovered 7.125 litres of foreign liquor. The petitioner claimed he was falsely implicated, asserting that the hut did not belong to him and that his numerous prior cases were being used to prejudice the investigation. The State opposed bail, but the court noted the length of his pre‑trial detention and his willingness to furnish a bail bond of Rs.10,000 with two sureties. The court granted bail subject to several conditions, including personal sureties, regular court attendance, verification of antecedents, and periodic reporting to the Superintendent of Police. The order emphasized that any observations made would not affect the trial and that bail could be cancelled for non‑compliance or future similar offences.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite his multiple prior criminal antecedents.
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- criminal antecedent
- pre‑trial detention
- police raid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89828 of 2025
Arising Out of PS. Case No.-255 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
Naresh Sah Son of Late Upendra Sah R/o Mohalla - Laxmi Chowk Baikatpur,
P.S. - Musahari, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Musahari P.S. Case No. 255 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on the basis of
secret information the police conducted a raid and
recovered a total of 7.125 litres of foreign liquor from a hut,
behind the house of the petitioner.
4. The learned counsel for the petitioner submits
that the petitioner has been falsely implicated in the present
case merely on account of his alleged criminal antecedents
Patna High Court CR. MISC. No.89828 of 2025(2) dt.07-01-2026
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as he has nine criminal cases of similar nature against his
name. It is further submitted that the hut from which the
alleged recovery was made does not belong to the petitioner
and that he has no concern whatsoever with the alleged
recovery. It is also contended that due to hostility on the
part of the police towards the petitioner, he has been falsely
implicated in the present case. The learned counsel lastly
submits that the petitioner has nine criminal antecedents and
he is in custody since 17.11.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 10,000/- (Rupees Ten Thousand only)
with the Advocate Association, Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 17.11.2025, let the petitioner,
above named, be released 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 court below
where the case is pending/successor court in connection
Patna High Court CR. MISC. No.89828 of 2025(2) dt.07-01-2026
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with Musahari P.S. Case No. 255 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
(vi) In view of the antecedents of the petitioner,
Patna High Court CR. MISC. No.89828 of 2025(2) dt.07-01-2026
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the petitioner is directed to appear before the
Superintendent of Police, Muzaffarpur within fifteen days
of his release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
Superintendent of Police concerned and if it is found
wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna
High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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