Patna High Court
Saheb SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Saheb Sah, was arrested on the spot when 63 litres of liquor were recovered from a rickshaw and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely the driver and had no knowledge of the contraband, and that no incriminating material was found in his possession. The petitioner had been in custody since 15‑10‑2025, had no prior criminal record, and the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court considered the clean antecedent, lack of evidence linking the petitioner to the liquor, and the length of custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 affects the grant of bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- driver liability
- clean antecedent
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91875 of 2025
Arising Out of PS. Case No.-265 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Saheb Sah S/o- Late Nagina Sah R/v- Godana Mod, W.No-15, Ps- Revilganj
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mrs.Pronoti Singh, 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 Sadar Excise P.S. case
No. 265 of 2025 instituted for the offences under Sections
30(a), 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 63 liters liquor
was recovered from rickshaw and the petitioner was arrested on
spot.
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
Patna High Court CR. MISC. No.91875 of 2025(2) dt.19-01-2026
2/2
further submitted that the petitioner is driver of the vehicle in
question and he had no knowledge regarding nature of goods
kept in the vehicle. The petitioner is in custody since 15.10.2025
and has got no criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 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 Sadar Excise P.S.
case No. 265 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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