Patna High Court
Vijay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, statutory conditions, and verification of antecedent cases.
Summary
Vijay Kumar Sah sought anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, involving alleged recovery of 78 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, the liquor was not found in his possession, and he was not the owner of the vehicle, contending that the investigation was mechanically driven and the informant’s identity was omitted from the FIR. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., with a condition that the trial court verify his criminal antecedents before confirming the bail. If more than one antecedent case is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the absence of seizure from the petitioner’s possession and lack of ownership of the vehicle affect the grant of anticipatory bail.
- Whether the trial court may condition the confirmation of anticipatory bail on verification of the petitioner’s criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail
- excise law
- seizure
- ownership
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13054 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- SISWAN District- Siwan
======================================================
Vijay Kumar Sah S/O Jhagru Sah R/O Village- Bangra, P.S.- M.H. Nagar,
District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 78 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated at the instance of the local person but then it is
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
Patna High Court CR. MISC. No.13054 of 2026(2) dt.10-03-2026
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instance of the Chawkidar, local person, secret information or
confessional statement without holding a proper investigation of
the case. It is next submitted that the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Siswan P.S. Case No. 432 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.13054 of 2026(2) dt.10-03-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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