Patna High Court
Ganesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
The petitioner, Ganesh Sah, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 109.8 liters of illicit liquor. He claimed innocence, stating he was merely the driver and had no knowledge of the contraband, and highlighted his clean criminal record and lack of incriminating material in his possession. The prosecution opposed bail, but the court noted the absence of any material linking the petitioner directly to the offence and the non‑compliance with Section 103 of the BNSS, 2023. Considering the petitioner’s clean antecedents and the short period of custody, the court found no risk of flight or tampering with evidence. Consequently, the court ordered his release on bail upon furnishing 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 petitioner’s clean antecedent and lack of direct evidence justify bail
- Whether compliance with Section 103 of the BNSS, 2023 is required for bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- Section 103 BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91297 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- Lokha District- Supaul
======================================================
Ganesh Sah Son of Late Ram Chandra Sah Resident of Village- Mahboob
Khan Tola, P.S.- K. Hat (Sadar), District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Laukaha PS Case No. 87 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 109.8 liters
liquor was recovered from Auto.
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 name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.91297 of 2025(2) dt.19-01-2026
2/2
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 23.09.2025 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 Laukaha PS Case
No. 87 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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