Bharat Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34078 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- Excise P.S. District- Vaishali ====================================================== Bharat Sah S/O Baijnath Sah @ Baiju Nath Sah @ Baiddnath Sah R/O village - Chandsarai, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Advocate For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seek bail in connection with Hajipur P.S. Case No.90 of 2025 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case on a secret information, a Tata Yodha vehicle was intercepted and on search 888 litres of Beer was recovered. Two persons travelling in the said vehicle were apprehended who disclosed their names as Praveen Kumar (driver) and Bharat Sah (petitioner). It is further alleged that apprehended persons disclosed that the consignment belong to liquor businessman namely Sudhir Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.34078 of 2025(2) dt.29-05-2025 2/3 case. Learned counsel further submits that he has no concern whatsoever with the recovered consignment of liquor and he is neither the owner of the Tata Yodha vehicle nor the driver of the said vehicle. It has further been submitted that it was a commercial vehicle and he had taken a ride on the same. It is lastly submitted that the petitioner has no criminal antecedent and he is in custody since 26.03.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the clean antecedent of the petitioner, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exlusive Sepcial Prohibition Excise Court-II-cumDistrict and Sessions Judge, Hajipur, Vaishali in connection with Hajipur P.S. Case No.90 of 2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive

Patna High Court CR. MISC. No.34078 of 2025(2) dt.29-05-2025 3/3 dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Saurav/- U T