Patna High Court
Shivlal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners subject to specified conditions.
Summary
Shivlal Sah and his son Chandan Sah were arrested in Muzaffarpur on suspicion of possessing 4 litres of liquor and 1,000 empty wrappers, alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Act. The petitioners contended that they were mere passers‑by, that no incriminating material was found on them, and that the arrest was made solely on suspicion, invoking a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the absence of direct evidence, the petitioners' clean record (except one prior case for the younger petitioner), and the period of custody already endured, the Court granted bail subject to a bond of Rs.15,000 each, two sureties, a family member as bailor, and strict attendance at trial dates.
Issues considered
- Whether bail should be granted in a case of alleged liquor possession and related offences when the arrest is based only on suspicion and no material evidence is found on the accused.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with in the denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
Subjects
- bail
- criminal procedure
- suspicion arrest
- liquor offences
- Bihar
- provisional liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91151 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
1. Shivlal Sah Son of Late Ram Shobha Sah R/o Village - Sahpur, P.S. -
Hathauri, District - Muzaffarpur.
2. Chandan Sah Son of Shivlal Sah R/o Village - Sahpur, P.S. - Hathauri,
District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Hathauri P.S. Case No. 220 of 2025, instituted for the offences
punishable under Sections 274, 275 of the Bharatiya Nyaya
Sanhita, 2023, read with Sections 30(a), 30(b) and 30(c) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 04 liters
liquor and 1000 pieces of empty wrapper have been recovered
in this case and both the petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.91151 of 2025(2) dt.19-01-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submits that the petitioners were
passerby of that way and have been arrested only on the basis of
suspicion. It is further submitted that the recovered liquor and
wrappers do not belong to the petitioners. The petitioners are in
custody since 29.11.2025. Petitioner no. 1 has got no criminal
antecedent and petitioner no. 2 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Hathauri P.S. Case
No. 220 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
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(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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