Patna High Court
Chuman SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Chuman Sah, filed an anticipatory bail application fearing arrest in a case (PS 558 of 2024) concerning the alleged possession of 25 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleges the liquor was recovered from the scene, while the petitioner claims innocence, stating no liquor was found in his possession and that his name appears only in a co-accused's statement. The State opposed bail, highlighting six prior similar criminal cases against the petitioner. After hearing both sides, the Court declined to grant anticipatory bail, directing the petitioner to surrender before the trial court, which will consider bail on merits. The order emphasizes that the trial court should evaluate the lack of recovered liquor from the petitioner when deciding bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act in view of the alleged offence and his prior criminal antecedents
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16612 of 2026
Arising Out of PS. Case No.-558 Year-2024 Thana- MADHAURAH District- Saran
======================================================
Chuman Sah, Son of Ranglal Sah, Resident of Village- Repura, near middle
School, P.S.- Marhowrah, District- Saran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Marhowrah P.S. Case No. 558 of 2024 instituted for the offence
punishable under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that
altogether 25 liters of illicit country made liquor is said to have
been recovered from the place of occurrence.
4. The learned counsel for the petitioner has submitted
that petitioner is innocent and committed no offence. He has
falsely been implicated in this case. His name has surfaced on the
statement of co-accused. Nothing has been recovered from his
Patna High Court CR. MISC. No.16612 of 2026(2) dt.18-03-2026
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possession.
5. Learned APP appearing for the State has vehemently
opposed the prayer for bail of the petitioner and has submitted that
petitioner is having criminal antecedent of six cases of similar
nature.
6. Having heard learned counsel for the parties and
considering the above facts and circumstances of the case, this
Court is not inclined to grant anticipatory bail to the petitioner
and, as such, his application for bail is rejected.
7. The petitioner is directed to surrender before the
learned trial Court and learned trial Court shall consider his bail
on merits and to the fact that nothing has been recovered from
the possession of this petitioner and shall make every endeavor
to dispose of his bail on the same day.
(Ashok Kumar Pandey, J)
lata/-
U T
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