Patna High Court
Vinay Kumar Sah @ Vinay Kumar @ Lal Sah @ LalaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner as the court was satisfied that the allegations were prima facie and the petitioner was not in conscious possession of the liquor.
Summary
The petitioner, Vinay Kumar Sah, applied for bail in a case under Sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise Act where 960 litres of liquor were recovered from a vehicle. The prosecution alleged the petitioner’s involvement, while the petitioner claimed innocence, stating no liquor was found in his conscious possession and that he was falsely implicated. The petitioner had been in custody since 26 February 2026 and possessed thirteen prior criminal antecedents. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s record. After considering the facts, the court found the bail application prima facie justified and ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties of the same amount, noting that the observations were not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise Act despite prior criminal antecedents
- Whether the petitioner’s lack of conscious possession of the seized liquor justifies bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
Subjects
- bail
- prohibition and excise
- criminal antecedents
- custody
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33191 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
======================================================
Vinay Kumar Sah @ Vinay Kumar @ Lal Sah @ Lala S/o Late Yogendra Sah
@ Late Yogendra Prasad Sah Resident of Village- Kishunpur, P.S.- Bheldi,
Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Parsa
PS Case No. 97 of 2026 instituted for the offences under
Sections 30(a), 41(1), 32 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 960 liters
liquor was recovered from the vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.33191 of 2026(3) dt.24-06-2026
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in custody since 26.02.2026 and has got thirteen criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of concerned Court in
connection with Parsa PS Case No. 97 of 2026.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Siddharth Soni/-
U T
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