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Patna High Court

Arvind Kr. Sah @ Arvind Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Arvind Kumar Sah, applied for anticipatory bail fearing arrest in a case registered under the Bihar Excise Act for allegedly supplying spurious liquor that caused the informant's husband to lose an eye and the informant's father‑in‑law to die. The petitioner contended that he was falsely implicated and that the allegations were based merely on suspicion. The State opposed the bail, emphasizing the seriousness of the alleged offences and the ongoing investigation. The court considered the State's submissions, noting the grave nature of the alleged harm and the fact that the investigation was still in progress. Consequently, the court declined to grant anticipatory bail, rejecting the petitioner's prayer.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged spurious liquor offence
  • Whether the seriousness of the alleged injury and death, and the continuation of investigation, justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • spurious liquor
  • Bihar Excise Act
  • criminal procedure
  • false implication
  • injury
  • death

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11055 of 2026
                   Arising Out of PS. Case No.-2 Year-2026 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Arvind Kr. Sah @ Arvind Kumar Sah Son of Sundeshwar Sah @ Sudeshwar
                 Sah Resident of Village- Bakhri Bujurg, Ward No. 12, P.S.- Musrigharari,
                 District- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shyam Kishore
                 For the Opposite Party/s :      Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in connection

                   with Musrigharari PS Case No. 2 of 2026 registered for the

                   offences punishable under Section 34(a), 34(b) and 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and in sum and substance,

                   the allegation in the FIR is that the liquor purchased from the

                   petitioner was found to be spurious on account of which the

                   husband of the informant lost his eye and father-in-law of the

                   informant died.

                             4.    Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.11055 of 2026(3) dt.30-03-2026
                                                          2/2




                        petitioner has been falsely implicated in the instant case by the

                        informant. It is next submitted that entire allegation hinges

                        around suspicion.

                                 5.     Learned APP vehemently opposes the anticipatory

                        bail application and submits that husband of the informant lost

                        his eye and father-in-law of the informant died on account of

                        consuming spurious liquor purchased by the petitioner. It is

                        further submitted that the offence is so grave that such persons

                        who indulge in such activities may not be let off leniently. It is

                        also submitted that investigation in the case is continuing.

                                 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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