Ashok Sah @ Ashok Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3214 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Ashok Sah @ Ashok Kumar Sah, Son of Sri Asharfi Sah, resident of villageBirpur, P.S.- Hasanpur, Dist- Samastipur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Hasanpur P.S. Case No.129 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 887.610 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that merely on the basis of suspicion, the petitioner was named with present occurrence, as he found registered owner of the pick-up van, which found carrying

Patna High Court CR. MISC. No.3214 of 2025(2) dt.12-02-2025 2/3 illicit liquor of 887.610 liters. It is submitted that admittedly no illicit liquor has been recovered from physical possession of this petitioner. While concluding argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as alleged illicit liquor not appears to be recovered prima facie from physical possession of this petitioner accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-01, Samastipur in connection with Hasanpur P.S. Case No.129 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS and with further condition:- (i) That petitioner shall not indulge in similar nature of case till the conclusion of trial, failing

Patna High Court CR. MISC. No.3214 of 2025(2) dt.12-02-2025 3/3 which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(Chandra Shekhar Jha, J.) Sanjeet/- U T