Virendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3006 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- BAIRGACHHAI District- Araria ====================================================== Virendra Sah S/o Kamlanarendra Sah R/.o Rampur Mohanpur, Ward No.11, P.S.- Araria, District- Araria (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nikhil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-02-2025
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 Bairgachhi Police Station Case No. 84 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the FIR, the allegation against the petitioner is that on 01.10.2024, the police got secret information that the petitioner was selling country made liquor near Rampur Chowk, Karbala field and when the informant along with police force reached at the place one person seeing the police force threw a bag and succeeded in fleeing away. Upon search 8 liter country made liquor was recovered from the bag and the petitioner was identified by
Patna High Court CR. MISC. No.3006 of 2025(3) dt.15-02-2025 2/3 the local people.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of identification made by local people. It has further been submitted that liquor has not been recovered from the conscious possession or the premises of the petitioner.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that liquor has not been recovered from the conscious possession and premises belonging to the petitioner and identification of the petitioner being made by the local people, I am inclined to grant the petitioner privilege of anticipatory bail.
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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, First, Araria (Bihar), in connection with Bairgachhi Police
Patna High Court CR. MISC. No.3006 of 2025(3) dt.15-02-2025 3/3 Station Case No. 84 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S., 2023. (Anil Kumar Sinha, J) aditya/- U T