Created by Fuzzy Cloud

Patna High Court

Shobhit Lal SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the petitioner has no criminal antecedent, no liquor was found in his possession, and precedent allows bail despite Section 76(2) if no offence is established.

Summary

The petitioner, Shobhit Lal, sought anticipatory bail fearing arrest in a case alleging seizure of 9 litres of country-made liquor from his motorcycle, invoking sections 272 and 273 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act. He argued that he owned the motorcycle but had no criminal antecedent and no liquor was found in his conscious possession. The State contended that ownership alone could not absolve him of liability. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar under Section 76(2) if no offence is made out, the court examined the merits. Finding no evidence of possession and noting the petitioner’s clean record, the court granted anticipatory bail with stringent conditions regarding sureties, regular appearances, and non‑interference with witnesses. The order directs release on bail within four weeks upon furnishing a bond and compliance with the stipulated conditions.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when no offence is made out?
  • Does ownership of the vehicle used in the alleged seizure render the owner criminally liable?
  • Is there sufficient basis to arrest the petitioner when no liquor was recovered from his conscious possession?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • prohibition law
  • IPC sections 272 273
  • bail conditions
  • criminal antecedent
  • ownership liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34586 of 2026
                   Arising Out of PS. Case No.-79 Year-2022 Thana- ANDHRAMATH District- Madhubani
                 ======================================================
                 Shobhit Lal Sah S/o Harivansh Sah R/o vill- Kaluahi, PS- Laukahi, District-
                 Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   19-05-2026                     Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Andhramath P.S. Case No. 79 of 2022 for the

                   offence under sections 272 and 273 of the Indian Penal Code

                   and Section 30 (a) of the Bihar Prohibition and Excise Act

                   lodged on 21.05.2022 by the informant, Makkhan Singh.

                                3. As per the prosecution story, the informant alleged

                   that a motorcycle was intercepted and there is recovery/seizure

                   of 9 liter country made liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that it

                   was transferred to a scrap dealer only because he owns the

                   motorcycle, got implicated. Further he do not have criminal

                   antecedent and nothing has been recovered from his conscious

                   possession.
Patna High Court CR. MISC. No.34586 of 2026(2) dt.19-05-2026
                                            2/4




                       5. Further, learned counsel for the petitioner relied on

          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 he

          being     the    owner      cannot      exonerate    himself   from   the

          responsibility.

                       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 nothing has

          been recovered from his conscious possession, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions.

                       8. 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
Patna High Court CR. MISC. No.34586 of 2026(2) dt.19-05-2026
                                            3/4




          satisfaction of learned Exclusive Special Judge Excise,

          Jhanjharpur, Madhubani in connection with Andhramath P.S.

          Case No. 79 of 2022 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

          cancellation of the bail bonds;
           Patna High Court CR. MISC. No.34586 of 2026(2) dt.19-05-2026
                                                       4/4




                                  (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/Anjali

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.