Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52674 of 2025 Arising Out of PS. Case No.-1021 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Rajesh sah son of Ram Ekbal Sah Resident Of Vill- Kawalpur Ps -Turkauliya Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Turkauliya PS Case No. 1021 of 2021 instituted for the offences under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 137.7 litres of country made liquor was recovered from Bolero vehicle bearing Regd No. BR11M-2772.
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 submitted
Patna High Court CR. MISC. No.52674 of 2025(2) dt.11-08-2025 2/2 that petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that apprehended co-accused disclosed the name of the petitioner. The petitioner is in custody since 31.05.2025 and has got one criminal antecedent in which he is on bail. 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/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 1021 of 2021.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T