Patna High CourtCR. MISC./13365/2025bail rejected

Vijay Kumar Sah @ Vijay Sah v. The State Of Bihar

2025-03-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13365 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Vijay Kumar Sah @ Vijay Sah S/O Mishrilal Sah R/O Koriyapatti,P.SRaghopur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Raghopur P.S. Case No.208 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution, the total recovery of 43.200 litres of liquor has been made, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the place of occurrence and his name has been transpired only on suspicion. He further submits that the said recovery has been made from

Patna High Court CR. MISC. No.13365 of 2025(2) dt.28-03-2025 2/2 the bush. He further submits that criminal antecedent of the petitioner is not clean as there is one case pending against him in which he is on bail and the said case is relating to excise matter.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there is one case pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T