Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16226 of 2026 Arising Out of PS. Case No.-72 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Prakash Sah Son of Ramawtar Sah R/o - Jhahuri, Raja Chowk, P.S - Laukahi, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocaate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Laukaha PS Case no. 72 of 2025 instituted for the offences under Section 274, 275, 317(5) & 3(5) of the Bihar Prohibition and Excise Act and Section 78 of the J.J. Act. 3.

The prosecution case, in short, is that total 426 litres of liquor was recovered from tempo and two motorcycles. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by apprehended co-accused person. The petitioner has got no concern with the alleged recovery of

Patna High Court CR. MISC. No.16226 of 2026(2) dt.12-03-2026 2/2 liquor. The petitioner has one 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 regular bail by this Court vide order dated 07.07.2025, passed in Cr. Misc. No. 42144 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 Laukaha PS Case no. 72 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T