Bhogi Sahu @ Bhogi Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85925 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- Narhiya District- Madhubani ====================================================== Bhogi Sahu @ Bhogi Sah S/O Malahu Sah @ Molhu Sahu @ Molu Sah R/O Village- Brahampur, P.S- Phulparas, Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jaishankar Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Narhiya Police Station Case No. 78 of 2025, disclosing offences under Sections 274, 275, 3(5) of B.N.S., 2023 and 30(a) of Bihar Prohibition & Excise Act.
3. The prosecution case, as per the First Information Report, is that on 26.08.2025, around 10:30 a.m., during the course of patrolling, police received secret information that three persons were carrying Nepali liquor on a motorcycle. Police reached at the place of occurrence and chased the individuals when they tried to flee. One person, Raman Kumar,
Patna High Court CR. MISC. No.85925 of 2025(2) dt.18-12-2025 2/3 was caught, while two others, petitioner Bhogi San and coaccused Pankaj Thakur, succeeded in fleeing away. Arrested coaccused Raman Kumar disclosed the names of the co-accused persons including the petitioner who fled away. On search of the motorcycle, total 18 litres of Nepali liquor was recovered.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come on the discloser made by arrested co-accused Raman Kumar. Petitioner has no concern with the seized motorcycle and liquor. Illicit liquor has not been recovered from the conscious possession and/or vehicles belonging to the petitioner.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.85925 of 2025(2) dt.18-12-2025 3/3 satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani, in connection with Narhiya Police Station Case No. 78 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T