Dheeraj Kumar Sah v. The State Of Bihar

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 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