Sanjeet Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6670 of 2025 Arising Out of PS. Case No.-185 Year-2023 Thana- Dehri Mufassil District- Rohtas ====================================================== Sanjeet Sah S/o Ramdev Sah @ Rajdev Sah R/o Mohalla- West Mohan Bigha, Raj Bhog Gali, PS- Dehri (Town), Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Dehri (Muffasil) P.S.Case No.185 of 2023, registered for the offence(s) punishable under Sections Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the allegation made in the FIR, altogether 25.95 ltr. of foreign liquor has been recovered from a Tempo bearing Registration No.BR 24PA5229, which does not belongs to the petitioner.
4. It is submitted by the learned counsel appearing on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and the name of the petitioner surfaced only on the basis of the confessional
Patna High Court CR. MISC. No.6670 of 2025(2) dt.07-03-2025 2/3 statement of co-accused, Anita Devi, in the police custody, however, such confessional statement made in the police custody has no evidentiary value. On these grounds, learned counsel for the petitioner submitted that the petitioner has been implicated in the present case on the frivolous ground.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the name of the petitioner has surfaced in the present case on the basis of confessional statement of co-accused, Anita Devi, in the police custody, however, such confessional statement made in the police custody has no evidentiary value, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusisive Special Judge, Excise Court No.1, Rohtas at Sasaram, /concerned court, in connection with Dehri (Muffasil) P.S.Case No185 of 2023, subject to the condition as laid down under Section 482 of BNSS.
Patna High Court CR. MISC. No.6670 of 2025(2) dt.07-03-2025 3/3
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 paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T