Patna High Court
Vickey Sah @ Vickey Kumar @ Santlal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and compliance with conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Vickey Sah, applied for bail in a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for allegedly storing and transporting large quantities of illicit liquor. The prosecution alleged that a raid recovered 213 litres of Nepali liquor and a motorcycle from a house unrelated to the petitioner. The petitioner claimed innocence, stating no incriminating material was found in his possession and that he was falsely implicated; he had been in custody since 29‑01‑2026 and a charge‑sheet had been filed. The learned APP opposed bail. Considering the facts, the period of custody, and the filing of the charge‑sheet, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act despite the recovery of liquor from a location not linked to him
- Whether the petitioner’s custody period and filing of charge‑sheet justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- excise law
- liquor smuggling
- criminal procedure
- Section 480(3) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38000 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Vickey Sah @ Vickey Kumar @ Santlal Sah S/o Lalbabu Sah Resident of
Village- Mathiya Dih, P.S.- Chhatauni, District- East Champaran, Bihar-
845401
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Chhatauni P.S. Case No. 500 of 2025 registered
for the alleged offences under Sections 30(a), 41(1) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, police received
information about petitioner and other co-accused persons
storing huge quantity of liquor in the house of one Jagdish
Prasad and ferrying it to different place for sale. A raid was
conducted and recovery of 213 litres of country made Nepali
liquor was made from the said place and a motorcycle.
Patna High Court CR. MISC. No.38000 of 2026(2) dt.17-06-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
conscious possession of the petitioner and he was not
apprehended from the spot. The recovery has been made from a
place which has no concern with the petitioner. The petitioner is
having antecedent of seven cases. The petitioner is in custody
since 29.01.2026 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of charge
sheet, the petitioner above named is directed to 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 learned Special Judge, Excise Court No. 1, East Champaran,
Motihari/concerned Court in connection with Chhatauni P.S.
Case No. 500 of 2025, subject to the conditions mentioned
in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
Patna High Court CR. MISC. No.38000 of 2026(2) dt.17-06-2026
3/3
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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