Patna High Court
Shobhit Lal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
- Indian Penal Code — s. 272, 273
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
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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
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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;
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(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
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