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Patna High Court

Vinod Sah @ Vinod SahuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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