Patna High CourtCR. MISC./53482/2025bail granted

Ashok Sah @ Ashok Sahu v. The State Of Bihar

2025-08-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53482 of 2025 Arising Out of PS. Case No.-127 Year-2025 Thana- SIMRI District- Buxar ====================================================== Ashok Sah @ Ashok Sahu S/o Late Bhikhari Sah R/o vill - Simari Dudhi Patti, P.S.- Simari, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Simri P.S. case No. 127 of 2025 instituted for the offences under Section 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that while performing patrolling duty, the petitioner was arrested by the police in drunken state.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.53482 of 2025(2) dt.12-08-2025 2/2 further submitted that the real fact was that the petitioner consumed some homeopathic medicine and the police has falsely implicated the petitioner due to ulterior motive. The petitioner is in custody since 04.07.2025 and has got four criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Simri P.S. case No. 127 of 2025.

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