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Patna High Court

Vinod SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Vinod Sah, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018, for the alleged recovery of 54 litres of liquor from a public canal area. He argued that he had no prior criminal record, the liquor was not in his possession, and the case was based solely on a confessional statement made by another person, Vijay, while in police custody. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioner’s antecedent; if any prior case is found, the bail would be revoked. The order also required the petitioner to deposit a further amount with the Patna High Court Lawyers’ Association. The decision hinged on the lack of direct possession, the questionable evidentiary value of the confessional statement, and the petitioner’s clean record.

Issues considered

  • Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act, 2018.
  • Whether the confessional statement of Vijay recorded in police custody is sufficient ground for arrest.
  • Whether the alleged recovery of liquor from a public place establishes possession by the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • liquor seizure
  • criminal antecedent
  • Section 438 CrPC
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2750 of 2026
                    Arising Out of PS. Case No.-53 Year-2022 Thana- DHAKA District- East Champaran
                 ======================================================
                 Vinod Sah S/o- Ramanand Sah Resident of Village-Baraharawa
                 Fetemohammad, Police Station- Kundwa Chainpur, District-East Champaran
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Waliur Rahman, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41 of the Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 54 litres of liquor from a place near the canal.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated based on the confessional

                   statement of Vijay in police custody which does not have any
Patna High Court CR. MISC. No.2750 of 2026(2) dt.28-01-2026
                                            2/3




          evidentiary value in the eye of law.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Dhaka

          P.S. Case No. 53 of 2022, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be

          confirmed but if it is found on verification that petitioner is a

          person with clean antecedent in that event the provisional

          anticipatory bail order shall be confirmed forthwith.
           Patna High Court CR. MISC. No.2750 of 2026(2) dt.28-01-2026
                                                       3/3




                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Lawyers’ Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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