Ramnath Sah v. The State Of Bihar

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 DistSitamarhi ... ... 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 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 coaccused 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 2/3 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 3/3 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