Patna High CourtCR. MISC./51935/2025bail granted

Rajesh Sah @ Rajesh Kumar Sah v. The State Of Bihar

2025-08-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51935 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- MAKER District- Saran ====================================================== Rajesh Sah @ Rajesh Kumar Sah S/O Late Naresh Sah Resident of VillagePir @ Peer Maker, P/S- Maker, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Maker P.S. case No. 125 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 40 liters liquor was recovered from Scooty.

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

Patna High Court CR. MISC. No.51935 of 2025(2) dt.06-08-2025 2/3 of liquor. It is further submitted that the name of the petitioner has transpired on the basis of secret information received by the police. The petitioner is the owner of the Scooty in question. The petitioner has been falsely implicated only because of his criminal antecedents. The petitioner is in custody since 23.06.2025 and has got four criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

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 Maker P.S. case No. 125 of 2025 subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.51935 of 2025(2) dt.06-08-2025 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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