Rakesh Sah v. The State of Bihar
Case brief
What is this about?
Anticipatory bail; S.438(2) CrPC / S.482(2) BNSS; S.30(a) Bihar Prohibition and Excise Act, 2016; Patahi P.S. Case No. 304 of 2023, East Champaran; recovery of 36 liters Nepali Sofi Wine from white sack thrown on road; name surfaced via disclosure by local chowkidar and villagers; no recovery from physical and conscious possession; open space accessible to all; no independent witness to seizure list; no criminal antecedent; APP opposition; bail bond Rs. 10,000 with two like sureties; surrender within four weeks; Exclusive Special Excise Court No. 3, Motihari; condition to co-operate in investigation/trial; co-application of Mintu Raut dismissed as withdrawn after arrest.
What did the court decide?
Anticipatory bail to petitioner Rakesh Sah in Cr. Misc. No. 14017 of 2025: on arrest or surrender before the Court below within four weeks, release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, East Champaran, Motihari, in connection with Patahi P.S. Case No. 304 of 2023, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and co-operation in investigation/trial. Companion application of Mintu Raut in Cr. Misc. No. 16543 of 2025 dismissed as withdrawn.