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2025 DAILYLAW 23724 (PAT)

Anil Sah v. The State of Bihar

CR. MISC./14269/2025 · 2025-04-19

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14269 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== 1. Anil Sah S/O Dinanath Sah 2. Dinanath Sah Late Yadavlal Sah Both are R/O Village- Shukla Jee Ke Tola, Bairiya, Ward No. 2, P.S- Shikarpur, District- West champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 19-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Shikarpur P.S. Case No. 47 of 2025 instituted for the offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from the cattle shed of Dinanath Shah altogether 105.840 liters of country made liquor was recovered. 4. Learned counsel appearing on behalf of the petitioners has submitted that admittedly the recovery has been made from the cattle shed which open for all. It has also been Patna High Court CR. MISC. No.14269 of 2025(2) dt.19-04-2025 2/2 submitted that the petitioners were not apprehended at the time of recovery. The recovery was made from one Jainandan Sharma. The petitioner No.1 is having criminal antecedent of one case of similar nature and petitioner No.2 is having no criminal antecedent. 5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Shikarpur P.S. Case No. 47 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise II, Bettiah, West Champaran. subject to the conditions as laid down under Section 438(2) of the Cr.P.C. durgesh/- (Ashok Kumar Pandey, J) U T