Patna High Court
ARVIND SAH @ ARVIND KUMAR GUPTAversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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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