Patna High Court
Ram Balak Sah @ Motor Sah @ Motar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, despite their criminal antecedents.
Summary
The petitioners, Ram Balak Sah and his son Dilip Kumar, sought anticipatory bail fearing arrest in a case (Inarwa PS No.27 of 2026) under sections 30(a) and 45 of the Bihar Prohibition and Excise Act after 25 litres of illicit liquor was recovered from a wheat field behind their house. The prosecution alleged their involvement, while the petitioners argued that they were implicated solely because of prior criminal antecedents and had no connection to the recovered liquor. The State opposed the bail on the ground of their antecedents. The Court, noting that the liquor was found in an open field accessible to all and considering the nature of the allegation, granted anticipatory bail subject to a bond of Rs 10,000, two sureties, and several conditions including appearance before the trial court and non‑interference with witnesses. The order was made under Section 482(2) of the BNSS and specified a six‑week period for surrender or arrest.
Issues considered
- Whether anticipatory bail can be granted to persons with prior criminal antecedents in a case under the Bihar Prohibition and Excise Act.
- Whether the recovery of illicit liquor from an open field justifies granting bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17680 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- INARWA District- West Champaran
======================================================
1. Ram Balak Sah @ Motor Sah @ Motar Sah Son of Late Chokat Sah R/o
Vill. - Jhumka, P.S. - Inarwa, Distt. - West Champaran.
2. Dilip Kumar Son of Ram Balak Sah @ Motor Sah @ Motar Sah R/o Vill. -
Jhumka, P.S. - Inarwa, Distt. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash, Adv.
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Inarwa P.S. Case No. 27 of 2026 for the offence
punishable under sections 30(a) and 45 of the Bihar Prohibition
and Excise Act, lodged on 17.02.2026 by the informant.
3. As per the prosecution case, there has been
recovery of 25 litres of illicit liquor from the wheat field which
is situated behind the petitioners’ house.
4. Learned counsel for the petitioners submits that
both these petitioners have been implicated in this case only on
the basis of their criminal antecedents though they are in no way
connected to the recovery of illicit liquors which have been
Patna High Court CR. MISC. No.17680 of 2026(2) dt.25-03-2026
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recovered from the wheat field which is an open place
accessible to all. It has next been submitted that petitioner no.1
has got three criminal antecedent while petitioner no.2 has got
one antecedent and they are on bail on the said cases.
5. Learned APP opposes the prayer for anticipatory
bail by submitting that since both the petitioners have got
criminal antecedents, they do not deserve the privilege of
anticipatory bail.
6. Considering the nature of allegation and the
recovery having been made from the wheat field which is an
open place accessible to all, this Court is inclined to extend
them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court-II, Bettiah, West Champaran in
connection with aforesaid PS Case, subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
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who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
(iv) the petitioner(s) shall desist from
committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.way try to induce or promise or threat
the witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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