Patna High Court

Krishna SahversusThe State of Bihar

Decided: 15 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

Krishna Sah was implicated in a case (PS Case No. 43 of 2026) for possession of 180 ml of illicit liquor recovered from his shop, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner applied for anticipatory bail, arguing that no incriminating material was found in his conscious possession and that the accusation was based merely on suspicion. The State opposed the bail, highlighting that the petitioner has four prior criminal convictions, two of which relate to similar offences. The court examined the place of recovery of the liquor and the petitioner’s criminal antecedents. Considering these factors, the court refused the prayer for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of suspicion and prior criminal antecedents.

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
criminal antecedents
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22009 of 2026
                     Arising Out of PS. Case No.-43 Year-2026 Thana- SATHI District- West Champaran
                 ======================================================
                 Krishna Sah Son of Sri Jiut Sah Resident of Village - Dharampur, P.S. - Sathi,
                 Dist. - West Champaran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Sathi P. S. Case No.

                   43 of 2026 registered for the offence punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 180 ml illicit liquor was

                   recovered from the shop of this petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that petitioner has got four criminal

                   antecedents out of which two are of similar nature.

                                6. Considering the place of recovery and criminal
              Patna High Court CR. MISC. No.22009 of 2026(2) dt.15-04-2026
                                                          2/2




                        antecedents of similar nature, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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