Udho Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56369 of 2025 Arising Out of PS. Case No.-148 Year-2023 Thana- PANJWARA District- Banka ====================================================== Udho Sah, S/O Late Chaturbhuj Sah, Resident Of Village- Daliya, P.S.- Bounsi, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate Mr. Ravi Prakash Dwivedi, Advocate Mr. Saurabh Raj, Advocate Mr. Raushan Kumar, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Panjwara P.S. Case No. 148 of 2023 for the offence registered under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 17.415 litres of foreign liquor was recovered from the bag of co-accused Rajesh Kumar who was carrying the seized liquor on his shoulder. Petitioner is alleged to be the owner of the owner of the seized motorycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is the owner of the seized motorcycle and the

Patna High Court CR. MISC. No.56369 of 2025(2) dt.08-09-2025 2/2 seized motorcycle was taken by the co-accused Rajesh Kumar on the pretext that he was going to meet his relative who was admitted in the hospital. Petitioner has no knowledge about the misdeed conducted by the co-accused. Further, it is submitted that even the co-accused had not taken the name of the petitioner for his any involvement in the offence. Petitioner has no criminal antecedent. He 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 Court below 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 Special Judge Exclusive Excise Court - 2, Banka in connection with Panjwara P.S. Case No. 148 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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