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Patna High Court

Ram Naresh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner showed no prima facie case and the statutory requirements for arrest were not satisfied.

Summary

The petitioner, Ram Naresh Sah, sought anticipatory bail fearing arrest in a case (Kanti PS Case No. 965 of 2023) under the Bihar Prohibition and Excise Act for alleged possession of 5,670 litres of liquor. The prosecution alleged that the liquor was recovered from a truck and four pickup vehicles, one of which the petitioner claimed to have sold prior to the incident. The petitioner argued that he had no involvement, no criminal antecedent, and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita had not been complied with, rendering the case prima facie weak. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the facts, granted anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act.
  • Whether the prosecution has complied with the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita.
  • Whether the petitioner’s alleged ownership and subsequent sale of the pickup vehicle disqualify him from bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90914 of 2025
                      Arising Out of PS. Case No.-965 Year-2023 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Ram Naresh Sah S/o- Fakirchand Sah Resident of Village- Dumma PS-
                 Hiramma District- Sheohar



                                                                                    ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhubala Verma, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Kanti PS Case No. 965 of 2023 instituted for the offences

                   under Sections 30(a), 32(2), 32(3), 36, 41(1) & 41(2) of the

                   Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 5670

                   litres of liquor was recovered from truck and four pickup

                   vehicles.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.90914 of 2025(2) dt.19-01-2026
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          The name of the petitioner transpired in this case as being owner

          of one of the Pickup van. In this connection, it is submitted that

          petitioner has sold the same to one another person. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner has no 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 bail by this Court

          vide order dated 08.12.2025, passed in Cr. Misc. No. 79101 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 Kanti PS Case No.

          965 of 2023, subject to the conditions as laid down under

          Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
           Patna High Court CR. MISC. No.90914 of 2025(2) dt.19-01-2026
                                                       3/3




                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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