Dev Narayan Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20365 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== 1.

Dev Narayan Sahu Son of Late Ramdeo Sahu Resident of village - Narhiya Bazar Ward No.- 1, Police Station - Narhiya, District - Madhubani. 2.

Manoj Kumar Son of Late Motilal Yadav Resident of village - Mahdeva, Ward No.- 3, Police Station - Laukahi, District - Madhubani. 3.

Manjay Kumar Son of Babu Sahab Thakur Resident of village - Devadh, Ward No.- 3, Police Station - Ghoghardiha, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in G.O. No. 118 of 2025, arising out of Excise Jhanjharpur P.S. case No. 33 of 2025 instituted for the offences under Sections 30(a), 32(2) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 657 liters liquor was recovered out of which 360 liters liquor was recovered from Scorpio vehicle. The petitioners were arrested on spot.

Patna High Court CR. MISC. No.20365 of 2025(2) dt.04-04-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case due to dirty village politics. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the vehicle in question does not belong to the petitioners. The petitioners have nothing to do with the trade and transport of the illicit liquor. The petitioners are in custody since 27.02.2025 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.20365 of 2025(2) dt.04-04-2025 3/3 of Court below/concerned Court in connection with G.O. No. 118 of 2025, arising out of Excise Jhanjharpur P.S. case No. 33 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T