Lal Babu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10125 of 2025 Arising Out of PS. Case No.-598 Year-2024 Thana- MASHRAK District- Saran ====================================================== Lal Babu Sah Son of Vishwanath Sah, R/o Village- Ibrahimpur, P.S.- Mashrak, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Anuj, Advocate Mr. Ravi Rohit, Advocate For the State :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Mashrakh PS. Case No.-598 of 2024 dated 03.11.2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
3. As per allegation, total 1.5 litre illicit liquor has been recovered from open space situated in front of the Dalan of the petitioner.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the recovery has been made from
Patna High Court CR. MISC. No.10125 of 2025(2) dt.06-03-2025 2/3 an open space and the petitioner has no connection with the alleged offence and his name has been dragged only on the basis of suspicion without any legal basis. He also submits that no prima facie case is made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Excise Judge-II, Saran at Chhapra, in connection with Mashrakh PS. Case No.-598 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the
Patna High Court CR. MISC. No.10125 of 2025(2) dt.06-03-2025 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T