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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20827 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- EXCISE PATORI District- Samastipur ====================================================== Harendra Sah @ Harendra Kumar Sah Son of Late Ram Lakhan Sah Resident of Village - Khetapur, Ward No.12, P.S. - Sarairanjan, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard the parties 2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Patori Excise P.S. Case No. 27 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 0.360 ml litres of IMFL.

4. It is submitted by learned counsel appearing on behalf of the petitioner that recovery of illicit liquor not appears to be made from the conscious physical

Patna High Court CR. MISC. No.20827 of 2025(2) dt.23-04-2025 2/3 possession of this petitioner and his name transpires in present case out of disclosure of co-accused Anshu Kumar Ray from whom the recovery of illicit liquor was made. While concluding the argument, it is submitted that petitioner found involved in one more criminal case of similar nature, where is in on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and further by taking note of the fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly above-named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise - 02, Samastipur/concerned Court, where the case is pending in connection with Patori Excise P.S.

Patna High Court CR. MISC. No.20827 of 2025(2) dt.23-04-2025 3/3 Case No. 27 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS, subject to further condition:- "(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (Chandra Shekhar Jha, J) Sudha/- U T