Patna High Court
Vinod SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioner subject to conditions, as the circumstances did not warrant denial of liberty.
Summary
The petitioner, Vinod Sah, was implicated in a case (PS Case No. 322 of 2020) for alleged possession of 20 litres of country-made liquor recovered from a motorcycle he owned, under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act. He argued that the liquor was not in his physical or conscious possession and that he has no prior criminal record. The State opposed his bail application. The Court considered the facts, the nature of the offence, and the petitioner’s lack of antecedents, and applied the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. to grant bail. The bail was conditioned on surrender within four weeks, a bond of Rs.10,000, and two sureties of equal amount. The order thus enlarged bail for the petitioner pending further trial.
Issues considered
- What is the applicability of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. for granting bail in a case under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act?
- Whether the seizure of liquor from a vehicle owned by the petitioner constitutes sufficient ground to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- Bihar Prohibition and Excise Act
- seizure of liquor
- motor vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18014 of 2026
Arising Out of PS. Case No.-322 Year-2020 Thana- NAUTAN District- West Champaran
======================================================
Vinod Sah S/o Late Motilal Sah R/o Village - Dakshin Teluhua, P.S - Nautan,
District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Gupta
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 30 and
30(a) of the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 20 liters of country made
liquor is said to have been recovered from a motorcycle.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the physical and conscious possession
of the petitioner. As a matter of fact, the name of the petitioner has
transpired as he is the owner of the the said motorcycle. Further, the
petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail.
Patna High Court CR. MISC. No.18014 of 2026(2) dt.03-04-2026
2/2
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Nautan P.S. Case No. 322 of 2020, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…