Kanhai Sav @ Kadhai Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41545 of 2025 Arising Out of PS. Case No.-1197 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Kanhai Sav @ Kadhai Sao, S/o Jagdeo Sao R/o Village- Dobhi, P.S.- Dobhi iin the District of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sherghati (Bahera) P.S. Case No. 1197 of 2023 dated 27.11.2023 instituted for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. The allegation is of recovery of total 3.375 litres foreign liquor from a motorcycle bearing Registration No. BR02A0-6095.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. During the course of investigation, the petitioner has been made accused in this case only on the basis of seized motorcycle

Patna High Court CR. MISC. No.41545 of 2025(2) dt.09-07-2025 2/2 bearing Registration No. BR02A0-6095. The petitioner purchased the said motorcycle in the year 2017. On 13.08.2022, the motorcycle of the petitioner was stolen but despite of the information given by him, the local police did not lodge the F.I.R. Thereafter, the petitioner had no concern with the said motorcycle. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sherghati (Bahera) P.S. Case No. 1197 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Exclusive Special Judge, Excise-V, Gaya subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) premchand/- U T