Created by Fuzzy Cloud

Patna High Court

Prakash SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.