Patna High Court

Raju SahversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Raju Sah, was arrested in connection with the recovery of 225 litres of liquor, a motorcycle and a pistol from a riverbank and charged under Section 30(a) of the Bihar Prohibition and Excise Act read with Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner contended that he was falsely implicated, that no incriminating material was found on him, that his arrest was based merely on suspicion, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of material evidence, the petitioner’s clean record, the duration of custody, and the procedural lapse, the Court inclined to grant bail. The Court ordered his release on a bail bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused in a case involving offences under the Bihar Prohibition and Excise Act and the Arms Act.
Whether the arrest and continued custody complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the presence of only suspicion and lack of incriminating material justifies denial of bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bihar Prohibition and Excise Act — s. 30(a)

Subjects

bail
prohibition act
arms act
suspicion
Section 103
criminal procedure
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9272 of 2026
                    Arising Out of PS. Case No.-339 Year-2025 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Raju Sah Son of Hare Ram Sah Resident of Village- Ramnagar, P.S.-
                 Chhauradano, District- East Champaran
                                                                     ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :     Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chhauradano P.S. Case No. 339 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act, read with Sections 25(1-B)(a), 26 and 35 of the

                   Arms Act.

                                3. The prosecution case, in short, is that 225 liters

                   liquor along with one motorcycle and one country made pistol

                   was recovered from bank of river and the petitioner was

                   apprehended on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious
             Patna High Court CR. MISC. No.9272 of 2026(2) dt.12-02-2026
                                                         2/2




                       possession of the petitioner. The petitioner has got no concern

                       with the alleged recovery of liquor. Learned counsel for the

                       petitioner also submitted that the petitioner has been arrested

                       only on the basis of suspicion. It is further submitted that the

                       alleged recovery has been made from an open place and the

                       same is easily accessible to the public at large. The petitioner is

                       in custody since 09.11.2025 and has got no criminal antecedent.

                       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 petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case 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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Chhauradano P.S.

                       Case No. 339 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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