Patna High Court
Prakash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Petitioner Prakash Sah sought anticipatory bail fearing arrest in a case (PS No. 72 of 2025) involving alleged possession of 426 litres of liquor, charged under Sections 274, 275, 317(5) & 3(5) of the Bihar Prohibition and Excise Act and Section 78 of the J.J. Act. The prosecution alleged recovery of liquor from a tempo and two motorcycles, while the petitioner claimed he was falsely implicated based solely on a co‑accused’s disclosure and had no involvement. He argued that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed against him. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.15,000 with two sureties, and comply with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether a prima facie case exists against the petitioner under the cited statutes
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
- Whether conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are applicable
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- J.J. Act
- false implication
- Section 103
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16226 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Prakash Sah Son of Ramawtar Sah R/o - Jhahuri, Raja Chowk, P.S - Laukahi,
District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocaate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Laukaha PS Case no. 72 of 2025 instituted for the offences
under Section 274, 275, 317(5) & 3(5) of the Bihar Prohibition
and Excise Act and Section 78 of the J.J. Act.
3. The prosecution case, in short, is that total 426
litres of liquor was recovered from tempo and two motorcycles.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The name of the petitioner transpired in this case on the basis of
disclosure made by apprehended co-accused person. The
petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.16226 of 2026(2) dt.12-03-2026
2/2
liquor. The petitioner has one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023. Learned counsel for the petitioner, therefore,
contends that prima-facie no case is made out against the
petitioner. Other co-accused has been granted regular bail by
this Court vide order dated 07.07.2025, passed in Cr. Misc. No.
42144 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Laukaha PS Case
no. 72 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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