Manish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14850 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Manish Sah S/o- Late Lalji sah Village- Kukurha Ps- Sikarpur Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhanaha (Dhanha) PS Case No. 85 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 838.08 liters foreign liquor was recovered from a pick-up van, which was being driven by co-accused, namely, Baliram Sahani. 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

Patna High Court CR. MISC. No.14850 of 2025(2) dt.02-04-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that apprehended co-accused person has named the petitioner as the person who has delivered him the liquor. The petitioner is in custody since 03-01-2025 and has got five criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023. Driver of the vehicle in question has been enlarged on bail by this Court vide order dated 10-09-2024, passed in Cr. Misc. No. 46777 of 2024. 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, after framing of charge, if not already framed, 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 Dhanaha (Dhanha) PS Case No. 85 of 2024, subject to the following conditions:

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

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.14850 of 2025(2) dt.02-04-2025 3/3 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 Kishore/- U T