Patna High Court
Vinod Sah @ Vinod SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the illicit liquor was recovered from the petitioner’s clinic, indicating sufficient grounds to deny bail.
Summary
Vinod Sah was implicated in a case (PS No.108 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 48.78 litres of illicit foreign liquor was recovered from a clinic premises he owned. The petitioner contended that no incriminating material was found in his personal possession, asserted a clean antecedent, and applied for anticipatory bail on the ground of mere suspicion. The State opposed the bail application, arguing that the recovery from the petitioner’s clinic indicated involvement. The Court examined whether the presence of contraband on the premises, absent direct possession, justified granting anticipatory bail. Concluding that the circumstances warranted denial, the Court refused the anticipatory bail petition. The order reflects the Court’s stance that suspicion coupled with recovery from the accused’s premises does not merit bail under the provisions of the Act.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from premises owned by the accused but not from his personal possession.
- Whether mere suspicion, without direct possession of the contraband, suffices to deny anticipatory bail under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41373 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- SINDHIYA District- Samastipur
======================================================
Vinod Sah @ Vinod Sahu S/O Late Jagdish Sah @ Jagdish Sahu R/O village -
Singhiya , Police station - Singhiya , District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Singhiya P.S. Case
No. 108 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 48.78 liters illicit of
foreign liquor was recovered from the almirah kept inside the
clinic of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been 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. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.41373 of 2026(2) dt.07-07-2026
2/2
bail of the petitioner.
6. Considering the fact that the illicit liquor was
recovered from the clinic of the petitioner, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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