Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45482 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Manoj Sah Son of Gopichandra Sah Resident of Village - Semra Khas, Police Station - Turkauliya, District - East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Turkauliya PS Case No. 70 of 2025 instituted for the offences under Section/s 30(a) & 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 30 liters country made liquor was recovered from the southern side of the petitioner's shop.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.45482 of 2025(2) dt.16-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that allegedly recovery is made from southern side of shop of the petitioner. The petitioner is in custody since 11-04-2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 70 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T