Mahesh Kumar Sah Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Mahesh Kumar Sah Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (two sureties of the like amount each) to the satisfaction of learned Special Judge-1 (Excise Act), Darbhanga/court concerned, subject to Section 480(3) BNSS conditions and specified additional conditions (close-relative bailor; attendance on every date; bond cancellable on three consecutive absences or breach of bail terms).

Issue for consideration

Whether the petitioner, in custody in Excise Town P.S. Case No. 69 of 2026 registered under Section 30(a) of the Bihar Prohibition & Excise Act, is entitled to be released on bail.

Court's answer

Having regard to the facts and circumstances, submissions of the parties, submission of charge sheet, period of custody of the petitioner and his clean antecedents, bail was considered appropriate.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-1 (Excise Act), Darbhanga/court concerned in connection with Excise Town P.S. Case No. 69 of 2026.

Key takeaways

Bail is subject to the conditions in Section 480(3) of BNSS and further conditions: one bailor to be a close relative; presence on each and every date fixed by the court below; and on absence on three consecutive dates or violation of bail terms, the bail bond to be liable to cancellation by the court concerned.ratio¶23

Detailed headnote1 paragraphs

Bail granted by the High Court of Judicature at Patna (Arun Kumar Jha, J) on 12-05-2026 to Mahesh Kumar Sah in connection with Excise Town P.S. Case No. 69 of 2026, District Darbhanga, registered for an alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act, following alleged recovery of 711 liters of country made Nepali liquor from the vehicle allegedly driven by him. Considering submission of charge sheet, custody since 12.02.2026 and clean antecedents, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-1 (Excise Act), Darbhanga/court concerned, subject to the conditions in Section 480(3) of BNSS (one bailor a close relative; presence on each date fixed; bond cancellable on three consecutive absences or violation of bail terms).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30456 of 2026

Arising Out of PS. Case No.-69 Year-2026 Thana- Excise P.S. District- Darbhanga

======================================================

Mahesh Kumar Sah, Son of Ashok Kumar Sah, Resident of Village – Rohilaganj, Ward No.5, P.S.- LNMU, District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Virendra Kumar, Advocate For the Opposite Party/s : Mrs.Pushpa Sinha-1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 12-05-2026

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Excise Town P.S. Case No. 69 of 2026 registered for the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act.

As per prosecution case, recovery of 711 liters of country made Nepali liquor was made from the vehicle being driven by the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is neither the owner nor the driver of the vehicle and he was arrested merely on suspicion. Nothing incriminating has been recovered from the person/possession of

Patna High Court CR. MISC. No.30456 of 2026(2) dt.12-05-2026 2/3

the petitioner. The petitioner is in custody since 12.02.2026 and is having clean antecedents. The charge sheet has been submitted.

Learned APP for the State opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge sheet, period of custody of the petitioner along with his clean antecedents, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-1 (Excise Act), Darbhanga/court concerned in connection with Excise Town P.S. Case No. 69 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.30456 of 2026(2) dt.12-05-2026 3/3

cancelled by the court concerned.

(Arun Kumar Jha, J)

V.K.Pandey/-

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