Mithun Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12242 of 2025 Arising Out of PS. Case No.-1326 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Mithun Kumar Sah S/o Doman Sah Resident Of Village- Gaughatta, PsBudhuchak, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pranav Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 1326 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act

3. The allegation is of recovery of 10 liters of country made liquor from a motorcycle bearing Engine no.JA07AFNGL01278 and Chassis no.MBLJAW212NGI02477.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He has no concern either with the seized liquor or trade of liquor in any manner. The

Patna High Court CR. MISC. No.12242 of 2025(2) dt.28-03-2025 2/2 petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-12- cum Special Judge Excise Judge-2, Bhagalpur in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 1326 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T