Saheb Sah v. The State Of Bihar
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 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