CR. MISC./18553/2026 of Ram Kumar Sah Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18553 of 2026 Arising Out of PS. Case No.-272 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== Ram Kumar Sah Son of Late Mishri Sah Resident of Village- Basopatti, P.S.- Basopatti, Dist.- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar Sah Ms. Archna Aanand For the Opposite Party/s: Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-04-2026 1. 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 Basopatti Police Station Case No. 272 of 2021, dated 11.11.2021, disclosing offences under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, as per the First Information Report, is that on 11.11.2021, the police received secret information that one Vinod Sah and Palat Thakur were engaged in illegal liquor trade and were carrying liquor on a motorcycle. Upon the information, the police reached the place of occurrence where accused persons Patna High Court CR. MISC. No.18553 of 2026(2) dt.08-04-2026 2/3 tried to flee but were apprehended. On search, 3 litres of Nepali country-made liquor from Hero HF Delux, bearing registration no. BR32-AC-0655, and 7.5 litres of illicit liquor from Hero Glamour, bearing registration no. BR32- L-8654, were recovered. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely because he happens to be the registered owner of the Hero HF Delux motorcycle, bearing registration no. BR32-AC-0655. He next submits that the said motorcycle, from where illicit liquor has been recovered, was borrowed by his friend, namely, Vinod Sah, who was arrested on the spot and the petitioner had no knowledge about illicit liquor being kept therein. The petitioner has got no criminal antecedent. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused merely because he happens to be the registered owner of the motorcycle, which was borrowed by his friend, who was arrested on the spot, I am inclined to grant the petitioner privilege of anticipatory bail. Patna High Court CR. MISC. No.18553 of 2026(2) dt.08-04-2026 3/3 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) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II -cum- Special Judge, Excise Act, Madhubani, in connection with Basopatti Police Station Case No. 272 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T