Abhinandan Sah @ Abhinandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29565 of 2025 Arising Out of PS. Case No.-594 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Abhinandan Sah @ Abhinandan Kumar S/o Motilal Sah Resident of Village - Lalganj, PS- Harsidhi, District- East Champaran Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 594 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, total 66 liters liquor was recovered out of which 36 liters liquor has been recovered from Scorpio car and 30 liters liquor has been recovered from water tank.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.29565 of 2025(2) dt.01-05-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not arrested from the place of occurrence. Name of the petitioner has transpired in this case as being owner of the Scorpio car in question and he has got no knowledge regarding nature of the goods loaded in the vehicle. The petitioner is in custody since 17.02.2025 and has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 14.02.2025 passed in Cr. Misc. No. 10440 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.29565 of 2025(2) dt.01-05-2025 3/3 below/concerned Court in connection with Harsidhi P.S. Case No. 594 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T