Patna High Court
Shailendra Sah @ Salendra kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that, in view of the petitioner’s lack of criminal antecedent and the fact that the seized vehicle does not belong to him, anticipatory bail may be granted notwithstanding the bar under Section 76(2) of the Bihar Prohibition and Excise Act, subject to strict conditions.
Summary
Shailendra Kumar petitioned the Patna High Court for anticipatory bail after an FIR (Mirganj P.S. Case No. 344/2025) alleged that he was involved in the seizure of 43 litres of country‑made liquor, violating sections 317(5) of the B.N.S and 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no criminal antecedent, the seized motorcycle did not belong to him and that he was being implicated out of enmity. Relying on the Full Bench decision in Ram Vinay Yadav vs State of Bihar, the court examined whether anticipatory bail could be granted despite the bar under Section 76(2) of the Excise Act. The court found the petitioner’s lack of antecedent and non‑ownership of the vehicle sufficient to grant anticipatory bail, subject to stringent conditions and a provision for revocation if antecedents emerge. Accordingly, the court ordered release on bail with a bond of Rs 10,000 and two sureties, imposing conditions of cooperation, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s lack of criminal antecedent and non‑ownership of the seized vehicle justify the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 317(5)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 76(2)
- criminal antecedent
- seizure of liquor
- FIR
- bail conditions
- enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20753 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- MIRGANJ District- Gopalganj
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Shailendra Sah @ Salendra kumar S/O Rambarai Sah @ Rambadai Gond
Resident of Village - Bhojhata (Bhohata ), P.S- Mirganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the State : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Mirganj P.S. Case No. 344 of 2025 for the
offence under sections 317(5) of the B.N.S and section 30(a) of
the Bihar Prohibition and Excise Act, lodged on 27.06.2025 by
the informant, Suresh Prasad.
3. As per the prosecution story, the informant alleged
that on secret information, intercepted a motorcycle and there is
recovery/seizure of 43 liter 400 ml country made liquor. This led
to the FIR.
4. Learned counsel for the petitioner submits that
neither he has criminal antecedent nor the seized vehicle
belongs to him, only because of enmity, got implicated.
5. Further, learned counsel for the petitioner relied on
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the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that his
name has cropped up.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have criminal antecedent and the seized
vehicles do not belongs to him, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. However, if it is found that the petitioner has
criminal antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
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satisfaction of learned Additional District and Sessions Judge-
IV-cum Exclusive Special Judge Excise Court-II, Gopalganj in
connection with Mirganj P.S. Case No. 344 of 2025 subject to
the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no 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
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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