Maharaja Sada @ Hardeo Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28214 of 2025 Arising Out of PS. Case No.-352 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Maharaja Sada @ Hardeo Sada S/o O. P. Sada @ Upendra Sada R/o VillageDahma Tola, P.S.- Alauli, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Kant Mishra, Advocate.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Uma Kant Mishra, learned counsel appearing on behalf of the petitioner and Mr. Md. Shakir Ahmad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Alauli P.S. Case No. 352 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 5 litres of country made liquor from an orchard.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to

Patna High Court CR. MISC. No.28214 of 2025(2) dt.07-05-2025 2/2 anyone. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that recovery of liquor is from an open place which is accessible to anyone, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Khagaria in connection with Alauli P.S. Case No. 352 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T