Kundan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9368 of 2025 Arising Out of PS. Case No.-582 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Kundan Sah, Son of Late Chandrika Sah, Resident of Village- Madhubani, Police Station- Ram Nagar, District -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Ram Nagar P.S. Case No. 582 of 2024 dated 19.12.2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of total 31 litres country made liquor from the field of Immamudeen Miyan, as per the seizure list.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house rather the said liquor has been recovered from the
Patna High Court CR. MISC. No.9368 of 2025(2) dt.06-03-2025 2/3 field of Immamudeen Miyan. The petitioner has no concern with the said liquor. Lastly, it has been submitted that petitioner has three criminal cases against him out of which, one is of the similar nature.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ram Nagar P.S. Case No. 582 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C as well as the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
II. One of the bailors will be his own blood
Patna High Court CR. MISC. No.9368 of 2025(2) dt.06-03-2025 3/3 relation, preferably father, mother, brother, sister and or his wife.
III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) premchand/- U T