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2026 DAILYLAW 14423 (PAT)

Shila Sah v. The State of Bihar

CR. MISC./33413/2026 · 2026-05-14

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33413 of 2026 Arising Out of PS. Case No.-64 Year-2026 Thana- KHAIRA District- Saran ====================================================== Shila Sah S/O Bhulan Sah R/O Vill- Hariharpur Kanar, P.O.- Khaira, P.S- Khaira, Dist- Saran at Chapra- 841414. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jeetendra Narayan, Advocate For the Opposite Party/s : Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 14-05-2026 Heard Mr.Jeetendra Narayan, learned counsel for the petitioner and Mr.Rajesh Kumar, learned A.P.P. for the State. 2. The petitioner seeks bail, who is in custody since 12.03.2026 in connection with Khaira P.S. Case No. 64 of 2026, F.I.R. dated 14.02.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Recovery is of 04 liters of illicit countrymade liquor. 4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The name of the petitioner has been transpired during investigation on the basis of the disclosure made by the local chowkidar. As per allegation in the FIR, the petitioner has Patna High Court CR. MISC. No.33413 of 2026(2) dt.14-05-2026 2/3 fled away from the place of occurrence and the chowkidar has disclosed that the petitioner has fled away from the place of occurrence and except the aforesaid, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 12.03.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one of similar nature but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition. 6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Khaira P.S. Case No. 64 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. Patna High Court CR. MISC. No.33413 of 2026(2) dt.14-05-2026 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T