Ravi Sah @ Rajiv Sah @ Ravi Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8775 of 2025 Arising Out of PS. Case No.-866 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ravi Sah @ Rajiv Sah @ Ravi Kumar Sah Son of Jhagru Sah Resident of Mohalla - Gaushala Ward No. 39, P.S. - Sahayak, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2025 Heard the parties.

2.The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Katihar Town P.S. Case No. 866 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended).

3. The allegation against the petitioner is to be engaged in illegal trading/ manufacturing of illicit liquor, where, there is recovery of 30 litres of IMFL/country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is differently

Patna High Court CR. MISC. No.8775 of 2025(2) dt.07-03-2025 2/3 abled person having 76% of disability, who implicated with present case falsely on the basis of hearsay input. It is submitted that the hut which is in corporation area not appears connected in any manner with the petitioner from where alleged recovery of illicit liquor was made. Admittedly recovery of liquor not made from the physical possession of the petitioner, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor not appears prima-facie to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions

Patna High Court CR. MISC. No.8775 of 2025(2) dt.07-03-2025 3/3 Judge, Exclusive Special Excise, Court No. II, Katihar/concerned Court, where the case is pending in connection with Katihar Town P.S. Case No. 866 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T