Amar Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40562 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- Excise P.S. District- Araria ====================================================== Amar Kumar Sah S/o Mahendra Sah R/o Vill- Thuthi, Ward No. 7, P.S.- Bhimpur, Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.
2. The petitioner seeks bail in connection with Araria Excise P.S. Case No. 122 of 2025 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 135 litres of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.40562 of 2025(2) dt.26-06-2025 2/2 that the name of the petitioner has transpired in this case as being the owner of one of the vehicles in question bearing Registration No. BR-50-AAG-0709. The petitioner is in custody since 14.04.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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, clean antecedent 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria Excise P.S. Case No. 122 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T