Tarkeshwar Sah @ Tarkesar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48726 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Nagara District- Saran ====================================================== Tarkeshwar Sah @ Tarkesar Sah, S/O Late Sant Kumar Sah @ Santlal Sah, Resident of village- Repura, P.O.- Bahuara, P.S.- Madhaurah, Distt.- Saran (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Abhijeet Abhigyan, learned counsel for the petitioner and Mr. Harendra Prasad, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nagra P.S. Case No. 38 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that he police had information that two persons are indulged in selling liquor behind Durga cold storage. When police reached there, one person managed to escape. One was apprehended who was identified as Bharat Kumar Rai. From his possession, altogether 20 liters of country made liquor was recovered. The name of this petitioner was disclosed by Bharat Kumar Rai.

Patna High Court CR. MISC. No.48726 of 2025(2) dt.05-08-2025 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession. His name has surfaced in the statement of the co-accused. He is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nagra P.S. Case No. 38 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of 3rd Exclusive Special Excise Judge, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T