Suresh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 55815 of 2025 Arising Out of PS. Case No.-338 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Suresh Das Babulal Das, S/o- Babulal Das, R/o Nurudinganj, P.S.- Malsalami, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Malsalami P.S. Case No. 338 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 250 litres country made liquor was recovered from Adraghat bank of river. Petitioner was apprehended while he was trying to flee away.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. The alleged recovery was made from the Adraghat bank of river which is an open place accessible to public which does not belong to the petitioner. No any incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No. 55815 of 2025(2) dt.20-08-2025 2/2 possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent. He further submits that there is no independent witness to the seizure list. Petitioner is in custody since 04.07.2025. He undertakes to cooperate in the trial.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of regular bail to the petitioner.
6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Malsalami P.S. Case No. 338 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T