Sudhir Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57690 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Bhatni District- Madhepura ====================================================== Sudhir Shah S/o Rudranarayan Shah, R/o Village - Parsahi, Ward no. - 4, P.S - Bhatni, District - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhatni P.S. Case No.25 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 15 litre foreign liquor from the Straw house of the co-accused Vinod Yadav who has disclosed that the petitioner is his associate.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has no concern either with the alleged seized liquor or with the place of occurrence or with the co-accused and only due to local politics, the coaccused has implicated the name of petitioner. Learned counsel

Patna High Court CR. MISC. No.57690 of 2025(2) dt.15-09-2025 2/2 submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that although petitioner has three criminal antecedents but all the cases does not belong to Excise Act and he is on bail in all the cases. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeV-cum-Special Judge Excise-1st, Madhepura in connection with Bhatni P.S. Case No.25 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T