Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43838 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Umesh Sah S/O Ekbal Sah R/O Village- Sariyatpur Turha Tola, P.S- Pipra, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Pipra P.S. Case No. 31 of 2025 lodged on 25.01.2025, for the offence punishable under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending in the Court of Exclusive Special Excise Court no.3, East Champaran, Motihari.

3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner. Recovery of 52 litres of country made liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43838 of 2025(2) dt.16-07-2025 2/3 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made near the pond. Counsel submits that the petitioner was not apprehended from the place of occurrence and his name has figured in this case only by virtue of the confessional statement of co-accused. Counsel further submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him in which, he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there is one case pending against him which is registered under Excise Act and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected with liberty that if, petitioner surrenders before the Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day considering that whether ingredients of Excise Act is made out against petitioner in this

Patna High Court CR. MISC. No.43838 of 2025(2) dt.16-07-2025 3/3 case or not, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T