Sant Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37245 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- PALASI District- Araria ====================================================== Sant Lal Sah S/O Late Bharti Lal Sah R/o village- Kaliyaganj (Balua) ward no.06, P.S.- Palasi District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha, Advocate For the Opposite Party/s :
Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Palasi P.S. Case No. 101 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, lodged on 14.03.2025 by the informant, Raushan Kumar Singh.
3. As per the prosecution story, the informant alleged that the Police upon information, intercepted a person and there is recovery/seizure of 18 liters of country made liquor. It was the petitioner who gave his name as Sant Lal but later managed to escape. This led to the FIR.
4. Learned counsel for the petitioner submits that contrary to the allegation made in the FIR, he was not at the place of occurrence, a theory has been incorporated only on the basis of his criminal antecedent that he escaped from the police
Patna High Court CR. MISC. No.37245 of 2025(2) dt.18-06-2025 2/3 custody, if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Considering the submissions of the parties as also the fact that there is no recovery from his conscious possession. Though, he has criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Palasi P.S. Case No. 101 of 2025 to the satisfaction of learned District & Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.37245 of 2025(2) dt.18-06-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T