Brahamdev Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9606 of 2025 Arising Out of PS. Case No.-363 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Brahamdev Sah Son of Dukhi Sah Resident of village -Noniya Tol, Police Station- Town, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sadar Excise PS Case No. 363 of 2024, G.O. Case No. 3243 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 135.750 litres of foreign liquor was recovered from Dhaba. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.9606 of 2025(2) dt.20-02-2025 2/3 of liquor. It is submitted that the name of the petitioner has transpired as secret information. It is further submitted that petitioner is the owner of the dhaba. It is humbly submitted that the petitioner used to run his dhaba in partnership with his brother in law. The petitioner is in custody since 31.12.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise PS Case No. 363 of 2024, G.O. Case No. 3243 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.9606 of 2025(2) dt.20-02-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T