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Patna High Court

ARVIND SAH @ ARVIND KUMAR GUPTAversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioners.

Summary

The petitioners, Arvind Sah and Dharmendra Sah, filed an anticipatory bail application fearing arrest in connection with PS case No. 328 of 2025, which alleges offences under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act for the recovery of 22.080 litres of liquor from a godown purportedly belonging to them. The petitioners contended they have a clean antecedent and that the liquor was not recovered from their conscious possession. The State opposed the bail, highlighting that the FIR specifically mentions the recovery of liquor from the petitioners' godown and further alleges that petitioner No. 2, along with a large number of unknown persons, assaulted police, damaged a vehicle and freed petitioner No. 1. The court examined the seriousness of the allegations and the risk of the petitioners emboldening future offences if bail were granted. Consequently, the court declined to extend anticipatory bail, rejecting the petitioners' prayer.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners in light of the allegations under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 45
  • liquor seizure
  • police assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14330 of 2026
                  Arising Out of PS. Case No.-328 Year-2025 Thana- EXCISE MADHUBAN District- East
                                                       Champaran
                 ======================================================
           1.     ARVIND SAH @ ARVIND KUMAR GUPTA S/o- Dashrath Sah @ Dasrath
                  Sah R/v- Ahirauliya Bada Chakiya, Ps- Chakiya Dist- East Champaran
           2.     Dharmendra Sah @ Dharmendra Kumar S/o- Dashrath Sah @ Dasrath Sah
                  R/v- Ahirauliya Bada Chakiya, Ps- Chakiya Dist- East Champaran
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suraj Kumar Tiwari
                 For the Opposite Party/s :      Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in connection

                   with Madhuban PS Case No. 328 of 2025, registered for the

                   offences punishable under Sections 30(a) and 45 of the Bihar

                   Prohibition and Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 22.080 litres of liquor from godown of the

                   petitioners.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession.

                             5.    Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.14330 of 2026(2) dt.13-03-2026
                                                        2/2




                      anticipatory bail of the petitioners and submits that there is a

                      specific allegation in the FIR that 22.080 litres of liquor was

                      recovered from godown of the petitioners and in the anticipatory

                      bail application, there is no averment with regard to the

                      ownership, which amply demonstrates that the godown belongs

                      to the petitioners. It is next submitted that apart from the said

                      fact what is alleged in the FIR is that petitioner no. 1 was

                      arrested and petitioner no. 2 along with 50 unknown criminals

                      assaulted the police force and damaged the vehicle and even

                      freed petitioner no. 1. It is thus submitted that if privilege of

                      anticipatory bail is granted, in the nature of the allegation as

                      alleged, the petitioners would feel embolden for committing

                      similar offences in future.

                               6.     Considering the submission made by learned APP,

                      the Court is not inclined to extend the privilege of anticipatory

                      bail to the petitioner.

                               7.     Accordingly, the prayer for anticipatory bail of the

                      petitioner is rejected.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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