Patna High Court
Anil SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner, as owner of the premises where a substantial quantity of illicit liquor was seized, could not be released on bail merely on suspicion.
Summary
The petitioner, Anil Sah, owner of a poultry farm in Muzaffarpur, was apprehended for alleged possession of 1987.815 liters of illicit liquor recovered from his farm. He applied for anticipatory bail, arguing that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The State opposed the bail, emphasizing the large quantity of liquor seized from the premises. The Court considered the petitioner’s ownership of the farm and the seriousness of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. Concluding that the circumstances warranted denial of bail, the Court refused the anticipatory bail application, effectively dismissing the petition.
Issues considered
- Whether anticipatory bail can be granted to a person accused solely on suspicion when a large quantity of illicit liquor is recovered from premises owned by him under the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- section 30(a)
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39646 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- SAKRA District- Muzaffarpur
======================================================
Anil Sah S/o Jharilal Sah Resident of village - Mohanpur Mirapur, P.S -
Sakra, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Veena Kumari Jaiswal, App
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 30(a) of Bihar
Prohibition and Excise Amendment Act 2022 .
3 . As per prosecution case , 1987.815 liters of illicit
liquor was recovered from the poultry farm of petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material was recovered from conscious possession
of the petitioner. Petitioner has got no concern with the alleged
recovery and he has been made accused in this case only on
suspicion .
5 . Learned A.P.P. for the State opposed the prayer for
bail of the petitioner and submitted that huge quantity of liquor
Patna High Court CR. MISC. No.39646 of 2026(2) dt.24-06-2026
2/2
was recovered from poultry farm of this petitioner.
6. Considering the fact that petitioner is owner of the
poultry farm from which huge quantity of illicit liquor was
recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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