Patna High Court

Madho Sah @ Modi SahversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted anticipatory bail to the petitioner, subject to surrender within four weeks and furnishing of a bail bond with sureties.

Summary

Madho Sah was named in an FIR for allegedly possessing 212.175 litres of illicit liquor and engaging in illegal trade under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). He contended that the liquor was seized from a vehicle that he neither owned nor drove, and that his identification was based solely on local testimony without independent witnesses. The State opposed his request for anticipatory bail. Considering the lack of direct evidence of possession and the petitioner's clean antecedent, the court granted anticipatory bail, directing him to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties. The bail was conditioned under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted when the alleged possession of illicit liquor is not directly linked to the petitioner.
Whether the identification of the petitioner by local witnesses without independent corroboration suffices for arrest.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
possession
clean antecedent
Bihar Prohibition and Excise Act
Section 30(a)
Section 438
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9570 of 2026
                     Arising Out of PS. Case No.-347 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Madho Sah @ Modi Sah, S/o Late Ramotar Sah @ Ramavtar Sah, R/o
                 Village-Bakhtiarpur (Bhakhtiyarpur) Chukti, Ward No.18, P.S.- Mansi, Dist-
                 Khagaria (Bihar).
                                                                             ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhim Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2. The accused-petitioner is named in the F.I.R., and

                   apprehending his arrest in connection with Chautham P.S.

                   Case No.347 of 2025 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2022 (Amended).

                             3. The allegation against the petitioner is to have in

                   possession of 212.175 litres of illicit liquor and engaged in

                   illegal trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that alleged illicit liquor was recovered

                   from Tabera vehicle and not from possession of this
Patna High Court CR. MISC. No.9570 of 2026(2) dt.17-02-2026
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          petitioner. It is submitted that the petitioner is neither owner

          nor driver of the alleged seized vehicle. It is submitted that

          name of petitioner transpired in this case on the basis of

          identification by local people. It is submitted that seizure list

          was not supported by independent witnesses rather same was

          supported by police personnel. The petitioner claimed clean

          antecedent.

                       6. Learned A.P.P. for the State has opposed the

          prayer for anticipatory bail of the petitioner.

                       7. In view of the aforesaid factual submissions and

          by taking note of the fact as recovery of illicit liquor prima-

          facie not appears to be made from conscious physical

          possession of this petitioner, who is a man of clean

          antecedent, accordingly, above-named petitioner, in the event

          of his arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing of bail

          bond of Rs.10,000/- (ten thousand only) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Judge-1st, Khagaria (Bihar)/concerned court in

          connection with Chautham P.S. Case No.347 of 2025, subject
            Patna High Court CR. MISC. No.9570 of 2026(2) dt.17-02-2026
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                      to the conditions as laid down under Section 438(2) of the

                      Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                      Sanhita (in short “B.N.S.S.”).


                                                    (Chandra Shekhar Jha, J.)

Sanjeet/-

U       T

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