Kundan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44433 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Kundan Sah S/o Badri Sah Resident of village- Laukaha Banwa Tola, Bhagwanpur, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Paharpur P.S. Case No. 130 of 2025 instituted for the offences under Sections 30(a)/52 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 31.600 liters of illicit country made liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to police mechanism and maneuvering. The petitioner was neither apprehended on the spot nor anything incriminating has been recovered from his possession. The name of the petitioner has surfaced in this case on the basis of the disclosures made by

Patna High Court CR. MISC. No.44433 of 2025(2) dt.15-07-2025 2/2 the local Choukidar. He further submits that the alleged recovery of liquor has been made from the open place which is accessible to one and all. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 28.04.2025 without any rhymes or reason.

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

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Paharpur P.S. Case No. 130 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T