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Patna High Court

Laxman Sah @ Laxman SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Laxman Sah, was implicated in a case involving 12 litres of illicit liquor recovered from an orchard, alleged to violate Sections 274, 375, 3(5) of the Bharatiya Nyaya Sanhita and several provisions of the Bihar Prohibition and Excise Act. He contended that the orchard did not belong to him, no incriminating material was found in his possession, and that the accusation was based merely on suspicion. He applied for anticipatory bail to avoid arrest. The State opposed the bail application. The High Court, after considering the facts, granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, directing that the bail be enlarged if he is arrested within eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s alleged connection to the illicit liquor is sufficient to justify denial of bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the grant of anticipatory bail in this case.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • criminal procedure
  • Section 482
  • bail conditions
  • suspicion
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72623 of 2025
                      Arising Out of PS. Case No.-101 Year-2025 Thana- RAHIKA District- Madhubani
                 ======================================================
                 Laxman Sah @ Laxman Sahu S/O Upendra Sah Resident of village - Kakraul,
                 P.S- Rahika, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 274, 375, 3(5) of the

                   Bharatiya Nyaya Sanhita and Sections 30(a)(c)(d)(f), 33, 41(1)

                   of the Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 12 litres illicit liquor was

                   recovered from the orchard.

                                4. Learned counsel for the petitioner submits that the

                   orchard in question does not belong to the petitioner. No

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he has been made accused only

                   on suspicion.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.
              Patna High Court CR. MISC. No.72623 of 2025(2) dt.05-02-2026
                                                          2/2




                                     6. Considering the aforesaid facts and circumstances

                        of the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Judge,

                        Excise Court, Madhubani in connection with Rahika P. S. Case

                        No. 101 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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