Bihari Sah @ Bihari KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33199 of 2026
                   Arising Out of PS. Case No.-304 Year-2025 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
                 Bihari Sah @ Bihari Kumar S/o Lagan Sah R/O Village- Nayagaon, PS-
                 Musahari, District- Muzaffarpur
                                                                      ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Ranjan, Adv.
                 For the Opposite Party/s :      Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   13-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. As prayed by the learned counsel for the petitioner

                   Defect No. 6 is ignored as pointed out the by the Registry at the risk

                   of the petitioner.

                                3. The petitioner is apprehending his arrest in connection

                   with Musahari P.S. Case No. 304 of 2025 registered for the offences

                   punishable under Sections 30(a)of the Bihar Prohibition and Excise

                   Act.

                                4. The prosecution case is that 432 liters of foreign liquor

                   was recovered from the vacant field near husk.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the present

                   case. No incriminating material has been recovered from the

                   conscious possession of the petitioner. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner has got

                   one criminal antecedent.
           Patna High Court CR. MISC. No.33199 of 2026(2) dt.13-05-2026
                                                       2/2




                                  6. Learned APP for the State has vehemently opposed the

                     prayer for grant of anticipatory bail to the petitioner.

                                  7. Considering the aforesaid facts and circumstances of

                     the case that the recovery was made from the motorcycle which does

                     not belong to the petitioner and thus no prima facie case is made out

                     against petitioner, this court is inclined to grant anticipatory bail to

                     the petitioner.

                                  8. 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. 10,000/- (Rupees Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of learned Exclusive Special

                     Judge Excise Court No. III, Muzaffarpur/concerned Court in

                     connection with Musahari P.S. Case No. 304 of 2025 subject to the

                     conditions as laid down under Section 482(2) of the Bharatiya

                     Nagarik Suraksha Sanhita, 2023.

                                  9. It is made clear that any observation made herein is prima

                     facie in nature and limited solely for the purpose of adjudication of the

                     present bail application. Such observations shall not be construed as an

                     expression on the merits of the case and shall not influence the trial or

                     any other proceedings in any manner.



                                                      (Ansul, J)
abhishekkr/-

U      T