Patna High Court
RAMNATH SAHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the anticipatory bail application, subject to conditions, finding insufficient basis to deny bail.
Summary
The petitioner, Ramnath Sah, was implicated in a case (Riga P.S. Case No. 435 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after a co‑accused claimed the illicit liquor recovered from a scooty was purchased from him. The petitioner contended he was not present at the scene, did not own the scooty, and had no possession of the liquor, arguing that the FIR reliance on the co‑accused’s statement was insufficient to sustain a charge. The State opposed the anticipatory bail, asserting that the petitioner’s name in the FIR warranted his arrest. The Court examined the material, noted the petitioner’s absence from the locus of the offence and lack of direct evidence, and applied Section 482(2) of the Criminal Procedure Code. It granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and other conditions, allowing the petitioner to avoid arrest for six weeks pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the co‑accused’s oral statement alone suffices to deny anticipatory bail.
- Whether the petitioner’s non‑presence at the scene and lack of possession justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- co‑accused testimony
- bail conditions
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9161 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
RAMNATH SAH S/o- Ramnandan Sah R/v- Katahari Ps- Riga Dist-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Riga P.S. Case No. 435 of 2025 registered for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, 8.250 litre illicit foreign
liquor was recovered from the scooty in question and co-
accused Amlesh Kumar was apprehended on the spot, who
disclosed that the said illicit liquor was purchased from the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.9161 of 2026(2) dt.18-02-2026
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in the FIR and he has falsely been implicated in this case. He
further submits that the name of the petitioner has transpired in
this case only on the basis of disclosure made by the
apprehended co-accused Amlesh Kumar. He further submits that
petitioner was not found at the place of occurrence and nothing
has been recovered from the conscious possession of the
petitioner. It is submitted that petitioner is not the owner of the
scooty in question and has no concern with the alleged
recovered liquor. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner under the provisions of Bihar Prohibition and Excise
Act. Apart from that petitioner having three criminal
antecedents in which he is already on bail.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that petitioner
is named in the F.I.R. and he cannot escape from the allegation
made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
petitioner is not the owner of the scooty in question, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
Patna High Court CR. MISC. No.9161 of 2026(2) dt.18-02-2026
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above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 1, Sitamarhi in connection with Riga P.S. Case
No. 435 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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