Chandan Sah @ Chandan Sahu @ Chandhan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46817 of 2026 Arising Out of PS. Case No.-164 Year-2026 Thana- CHENARI District- Rohtas ====================================================== Chandan Sah @ Chandan Sahu @ Chandhan Sah S/O Late Laxuman Sah @ Laxman Sah Resident of Village- Rampur, P.S- Kudra, District- Kaimur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh, Advocate For the Opposite Party/s :
Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2026 Heard Mr. Siddharth Harsh, learned counsel appearing on behalf of the petitioner and Ms.Renu Kumari, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Chenari P.S. Case no. 164 of 2026 District Rohtas instituted for the offences under Sections 30 (a) of Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, two persons on a TVS moped bearing Registration No. BR45R8059 carrying bags fled on seeing the police, leaving behind the vehicle from which 20 litres of country-made Mahua liquor was recovered, and the petitioner was implicated as the registered owner of the moped.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.46817 of 2026(2) dt.22-07-2026 2/3 petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel submitted that the petitioner is not named in the F.I.R. and no recovery has been made from his conscious possession. The petitioner has been implicated merely because he is the registered owner of the seized TVS Moped bearing Registration No. BR45R8059. Learned counsel further submitted that the petitioner had handed over the moped to one Sanjit Sah for some urgent work, who allegedly misused the same without the knowledge or consent of the petitioner. The petitioner has clean antecedents. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf of the parties and upon perusal of the materials available on record, it appears that the petitioner is not named in the F.I.R. and has been implicated only on the ground that he is the registered owner of the seized TVS Moped bearing Registration No. BR45R8059. It further appears that no recovery has been made from the conscious possession of the petitioner and the alleged recovery was made after the two unknown persons.
Patna High Court CR. MISC. No.46817 of 2026(2) dt.22-07-2026 3/3 Considering the nature of the allegation and the clean antecedent of the petitioner, I am of the opinion that the petitioner has, prima facie, made out a case to be released on pre-arrest bail. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Chenari P.S. Case No. 164 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of. (Purnendu Singh, J) Ashishsingh/- U T