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Patna High Court

Naresh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/4




          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
                                            3/4




          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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