Vinod Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32234 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- Excise P.S. District- Jamui ====================================================== Om Bhaskar S/O Ashok Sah Resident of Village- Narhan, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33567 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- Excise P.S. District- Jamui ====================================================== Vinod Sah S/O Boudhu Sah Resident Of Village- Fulwariya, Barosah Nagar Tola, P.S.- Barauni, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 32234 of 2025) For the Petitioner/s :
Mr. Dipak Kumar, Advocate For the Opposite Party/s :
Mrs. Gulnar Begum, APP (In CRIMINAL MISCELLANEOUS No. 33567 of 2025) For the Petitioner/s :
Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard the learned counsel for the petitioners and learned APP for the State.
2. Both the cases have been up taken together as both arise out of the same P.S. case number.
3. The petitioners make a prayer for bail in connection with Jamui Prohibition P.S Case No. JAM 118 of 2025 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Patna High Court CR. MISC. No.32234 of 2025(2) dt.19-05-2025 2/3
4. The First Information Report and the seizure list would go to show that a recovery of 102.180 litres of IMFL and 32 litres of canned beer were recovered from an Auto.
5. Learned counsel for the petitioners submit that the petitioners in both the cases are neither the owner nor the driver of the said Auto and they had only boarded the auto as passenger for travelling. No recovery has been made from the physical and conscious possession of the petitioners rather the recovery has been made from the auto which belongs to coaccused Sunil Kumar who is also the driver of the said vehicle. It has been pointed out that the said co-accused Sunil Kumar has already been released on bail vide order dated 12.05.2025 passed in Cr. Misc. No. 30212 of 2025. The petitioners are in custody since 14.02.2025 and they have no criminal antecedent.
6. Learned APP for the State opposes the prayer for bail.
7. Considering the period of custody and that charges have already been framed, the petitioners are enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Exclusive Excise Court-II, Jamui in connection
Patna High Court CR. MISC. No.32234 of 2025(2) dt.19-05-2025 3/3 with Jamui Prohibition P.S Case No. JAM 118 of 2025. (Soni Shrivastava, J) Raj Ranjan/- U T