Niraj Kumar Sah @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24242 of 2026 Arising Out of PS. Case No.-127 Year-2026 Thana- RIVILGANJ District- Saran ====================================================== Niraj Kumar Sah @ Niraj Kumar S/o Sahdeo Sah R/o Village- Gopalganj, PSSidhwaliya, Dist.- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Roshan Kumar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Heard Mr. Roshan Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 01.03.2026, in connection with Revilganj P.S. Case No. 127 of 2026, F.I.R. dated 28.02.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. Recovery is of 300.00 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that recovery has been made from the bank of the river and altogether 300.00 litres of country made

Patna High Court CR. MISC. No.24242 of 2026(2) dt.15-04-2026 2/3 liquor has been recovered from the place of occurrence. As per allegation in the F.I.R. the petitioner was apprehended from the place of occurrence and other co-accused persons have fled away from the place of occurrence. He further submits that the petitioner has no concern at all with the alleged recovery of illicit liquor and he has been made accused in the present case merely on the basis of suspicion and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the seizure list witnesses are police personnel and the petitioner is in custody since 01.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Exclusive Special Excise Judge, Saran (Chapra) in connection with Revilganj P.S. Case No. 127

Patna High Court CR. MISC. No.24242 of 2026(2) dt.15-04-2026 3/3 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T