Created by Fuzzy Cloud

Patna High Court

Raj Nath SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

Petitioner Raj Nath Sah sought anticipatory bail fearing arrest in a case involving the seizure of 2,593.08 litres of illicit liquor under the Bihar Prohibition and Excise Act and several provisions of the Arms Act. He is also implicated in three other serious offences. The Patna High Court, after hearing counsel, considered the large quantum of the liquor recovery and the seriousness of the allegations. The Court held that these factors outweighed the petitioner's claim for protection and therefore refused anticipatory bail. The order was limited to the bail application and did not prejudice the merits of the underlying criminal trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the large seizure of illicit liquor and the seriousness of the offences alleged.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • illicit liquor
  • arms act
  • criminal procedure
  • bail jurisprudence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24825 of 2026
                         Arising Out of PS. Case No.-2 Year-2026 Thana- GARKHA District- Saran
                 ======================================================
                 Raj Nath Sah S/o Surendra Sah R/o Village- Garkha, Police Station-Garkha,
                 District- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Garkha P.S. Case No. 02 of 2026 registered for the offence

                   under Sections 30(a), 36 and 41 of the Bihar Prohibition and

                   Excise Act and under Sections 25(1-B)(a), 26 and 35 of the

                   Arms Act.

                                   3. The recovery is of 2593.08 liters of illicit liquor.

                                   4. The petitioner is accused in three more cases of

                   serious nature.

                                   5. In view of the quantum of recovery, this court is

                   not inclined to grant anticipatory bail to the petitioner.

                                   6. Accordingly, this application is dismissed.

                                   7. It is, however, clarified that the observations
          Patna High Court CR. MISC. No.24825 of 2026(2) dt.01-05-2026
                                                      2/2




                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                            (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

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