Manish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54519 of 2025 Arising Out of PS. Case No.-172 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Manish Sah S/o Late Lalji Sah R/o Village - Kukura, P.S - Shikarpur, District - West Champaran 2.

Sajjad @ Shahjad Miyan S/o Laish Miyan R/o Village - Kukura, P.S - Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Shikarpur P.S. case No. 172 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 214.2 liters liquor was recovered from pick-up vehicle.

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

Patna High Court CR. MISC. No.54519 of 2025(2) dt.13-08-2025 2/3 further submitted that the petitioners have no concerned with the vehicle in question. The name of the petitioners have transpired in course of investigation. The petitioners are in custody since 15.06.2025. The petitioner No. 1 has five criminal antecedents in which he is on bail in all cases whereas the petitioner No. 2 has got no criminal antecedent. 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 petitioners.

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shikarpur P.S. case No. 172 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners 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

Patna High Court CR. MISC. No.54519 of 2025(2) dt.13-08-2025 3/3 the bail bonds of the petitioners.

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