Prabhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65963 of 2025 Arising Out of PS. Case No.-170 Year-2025 Thana- CHHAURADANO District- East Champaran ====================================================== Prabhu Sah S/o Late Lalbahdur Sah R/o Village- Hiramani, P.S.- Chhauradano, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Chhauradano P.S. Case No. 170 of 2025 registered for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution story, a large quantity of illicit country-made liquor was recovered from a motorcycle, and the petitioner managed to escape. The investigation is ongoing, with specific accusations that the petitioner was involved in transporting the liquor and was the ultimate beneficiary of the seized consignment.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas the

Patna High Court CR. MISC. No.65963 of 2025(2) dt.24-09-2025 2/3 seized article being country made liquor has been recovered from the motorcycle which does not belong to the petitioner. it has next been submitted that the person who was riding the said motorcycle, from which the articles are said to have been seized was caught on the spot and therefore, the allegations which have been levelled against this petitioner is false and fabricated. Learned counsel for the petitioner fairly submits that he has two criminal antecedent of similar nature but he is on bail in the said cases.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner and his name has transpired on the basis of secret information, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.65963 of 2025(2) dt.24-09-2025 3/3 learned Exclusive Special Excise Judge, Court No.2, East Champaran, Motihari, in connection with Chhauradano P.S. Case No. 170 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) sharun/- U T