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2025 DAILYLAW 44832 (PAT)

Raju Sah v. The State of Bihar

CR. MISC./33177/2025 · 2025-05-20

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33177 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- DAUDPUR District- Saran ====================================================== Raju Sah S/O Rangalal Sah R/O Ward no. 10, Khaira, P.s.- Khaira, Dist.- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 20-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Daudpur P.S. Case No. 215 of 2024 registered for the offences punishable under Sections 30 (a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, Patna High Court CR. MISC. No.33177 of 2025(2) dt.20-05-2025 2/3 where, there is recovery of 834.480 litres of IMFL/country made liquor. 4. Learned counsel appearing on behalf of the petitioner submitted that implication of petitioner appears only being owner of the vehicle. It is admittedly submitted that recovery of alleged illicit liquor was not made from physical possession of this petitioner, who is a man of clean antecedent. 5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail. 6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the Patna High Court CR. MISC. No.33177 of 2025(2) dt.20-05-2025 3/3 satisfaction of the learned 1st Exclusive Special Excise Court, Saran at Chapra/concerned Trial Court where the case is pending in connection with Daudpur P.S. Case No. 215 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS. S.Tripathi/- (Chandra Shekhar Jha, J.) U T