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Patna High Court

Vinod SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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