Patna High Court

Dheeraj Kumar SahversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the BNSS.

Summary

The petitioner, Dheeraj Kumar Sah, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacturing and trading of illicit liquor, with 69 litres of IMFL recovered from a motorcycle. He contended that his name appeared only because of a co-accused’s disclosure and that he did not have conscious physical possession of the seized liquor or the vehicle. The petitioner, already on bail in three other criminal matters, applied for bail in this case, while the State opposed the relief. The court examined the prima facie evidence and concluded that the recovery did not appear to be from the petitioner’s conscious possession. Accordingly, the court directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order was made with a four‑week window for surrender to the trial court.

Issues considered

Whether bail should be granted to the petitioner when the alleged recovery of illicit liquor is not shown to be from his conscious physical possession.
Whether the presence of other pending criminal cases affects the grant of bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

bail
illegal liquor
possession
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9683 of 2026
                   Arising Out of PS. Case No.-355 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Dheeraj Kumar Sah Son of Keshaw Sah Resident of Village- Bhurkurwa,
                 P.S.- Rajepur, District- East Champaran.             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Rajepur P.S. Case No. 355 of 2025 registered for

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

                   Prohibition and Excise Act.

                                3. The allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where, there is

                   recovery of 69 litres of IMFL/English liquor from the motorcycle.

                                4. Learned counsel appearing on behalf of the petitioner

                   submitted that the name of this petitioner appears in this case on

                   the basis of disclosure of co-accused, Sanjeev Kumar, suggesting

                   that recovery not appears to be made from conscious physical

                   possession of this petitioner. It is also submitted that petitioner is
              Patna High Court CR. MISC. No.9683 of 2026(2) dt.17-02-2026
                                                          2/2




                        also not connected in any manner with seized motorcycle. It is

                        submitted that petitioner found involved in three more criminal

                        cases, where he is on bail.

                                     5. Learned APP opposed the prayer of bail.

                                     6. Considering the aforesaid facts and circumstances as

                        recovery of illicit liquor prima facie not appears to be made from

                        the conscious physical possession of this petitioner, accordingly,

                        above named petitioner, in the event of his arrest or surrender

                        before the learned trial Court, within a period of four weeks of the

                        order, is directed to be released on bail furnishing bail bond of Rs.

                        10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of the learned Exclusive Special

                        Excise     Court     No.    3,    Civil    Court,   East   Champaran   at

                        Motihari/concerned Court, where the case is pending in connection

                        with Rajepur P.S. Case No. 355 of 2025 subject to the conditions

                        as laid down under Section 482(2) of the BNSS.

                                                                (Chandra Shekhar Jha, J)
veena/-

U         T

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