Sanjay Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28080 of 2025 Arising Out of PS. Case No.-59 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Sanjay Kumar Sah S/o Jagdev Sah Resident of Village- Jaynagar, Ward No.- 09, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Shailendra Kumar Jha, learned counsel appearing on behalf of the petitioner and Ms. Asha Kumari, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Jaynagar P.S. Case No. 59 of 2023 registered for the offence punishable under Sections 272, 273, 414/32 of the Indian Penal Code and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 49.04 litres of illicit liquor was recovered from from a motorcycle bearing Registration No. BR 32 Z 4143.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been
Patna High Court CR. MISC. No.28080 of 2025(2) dt.07-05-2025 2/3 falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The recovery was made from a motorcycle bearing Registration No. BR 32 Z 4143 and petitioner is the owner of the said motorcycle however nothing was recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Juege-II-cum-Special Judge, Excise Act, Madhubani/successor court in connection with Jaynagar P.S. Case No. 59 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The learned 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
Patna High Court CR. MISC. No.28080 of 2025(2) dt.07-05-2025 3/3 has been stated in Para-3 of the bail petition, this order will automatically lose its force.
(Purnendu Singh, J) Ashishsingh/- U T