Samsher @ Gullar @ Sah Samsher v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27898 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- PALASI District- Araria ====================================================== Samsher @ Gullar @ Sah Samsher S/O Ajim Alam @ Sah Ajim R/O VillagePipra Kothi, Bijawara, Ward No. 11, P.S- Palasi, Distt.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 36 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 15.60 litres of illicit liquor has been recovered from the garage of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to one criminal antecedent. Nothing has been recovered from possession of the petitioner. Petitioner is not involved in any trade of the illicit liquor. Seizure-list is doubtful as the mandatory provisions have not been complied with. Petitioner undertakes to co-operate in the investigation and trial.
Patna High Court CR. MISC. No.27898 of 2025(2) dt.21-05-2025 2/2
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria in connection with Palasi P.S. Case No. 36 of 2025, subject to the conditions laid down in Section 482
(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T