Patna High Court
Suresh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Suresh Sah, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 20 litres of liquor recovered from a motorcycle. He contended that he had no knowledge of the liquor, had purchased the motorcycle from a third party, and had no prior criminal record. The prosecution opposed bail, arguing the seriousness of the offence. The court noted the petitioner’s clean antecedent, lack of incriminating material in his possession, and the duration of his custody since 20‑10‑2025. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the requirements of Section 103 of the BNSS, 2023 have been complied with.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90926 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- KHAIRA District- Saran
======================================================
Suresh Sah S/o Ganesh Sah Resident of Village- Harpur Dakchhin Tola, PS-
Baniyapur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Khairah PS Case No. 215 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 20 liters
liquor was recovered from motorcycle.
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
no concern with the alleged recovery of liquor. It is submitted
that petitioner has purchased the motorcycle in question from
Patna High Court CR. MISC. No.90926 of 2025(2) dt.12-01-2026
2/2
one Om Prakash Pandey but the petitioner has been implicated
on extraneous consideration by the police party. The petitioner
is in custody since 20.10.2025 and has got no criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khairah PS Case
No. 215 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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