Vinod Sahani Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Sumit Kumar Gupta, Adv. Ms. Isha Mishra, Adv. For the Opposite Party/s : Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 17-06-2026

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Heard the learned Advocate for the petitioner and the

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learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection

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with Pipra P.S. Case No. 283 of 2024, registered for the offences punishable under Section 317(5) of the B.N.S. and Section 30(a) & 41(1) of Bihar Prohibition and Excise Act, 2016.

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Acting on a tip off trade of illicit wine, the police conducted raid and apprehended a person with a motorcycle. In course of search, 48 liters of country made liquor was recovered from the plastic sack tied on it.

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Learned Advocate for the petitioner submitted that though the FIR has been instituted against co-accused Laddu Kumar, who was apprehended by the police. But subsequently,

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Patna High Court CR. MISC. No.39111 of 2026(2) dt.17-06-2026 2/3

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during the course of investigation, when the police found that the motorcycle, in question, belongs to the petitioner, the name of the petitioner has been implicated in this case. Only on account of the fact that the petitioner being owner of the motorcycle, in question, his name has been implicated without there being any cogent material, suggesting his complicity in the crime. On the alleged date of occurrence, the motorcycle was taken away by the brother of co-accused Laddu Kumar, who happens to be son-in-law of the petitioner and the petitioner was not aware of the fact that his motorcycle has ever been used for illicit purpose. It is further contended that there is complete defiance of Sections 103 and 105 of the BNSS. The petitioner bears fair antecedent and all the more, there is lack of any material which attract the rigors provided under Section 76(2) of Bihar Prohibition and Excise Act.

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On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the involvement of the petitioner in the crime clearly suggest his complicity, besides there is a bar of anticipatory bail in such matter.

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Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and

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Patna High Court CR. MISC. No.39111 of 2026(2) dt.17-06-2026 3/3

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taking note of the fact that save and except the petitioner being owner of the motorcycle, in question, there is no other material suggesting the complicity of the petitioner, besides there is lack of materials attracting the rigors provided under Section 76(2) of Bihar Prohibition and Excise Act, as also the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, East Champaran, Motihari in connection with Pipra P.S. Case No. 283 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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shivank/-

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U T

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(Harish Kumar, J)

Vinod Sahani v. The State of Bihar

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Vinod Sahani v. The State of Bihar

Case brief

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