D M Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58415 of 2025 Arising Out of PS. Case No.-258 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.

D M Saheb S/O Exprece @ Exprece Kumar @ Expres Kumar R/O VillageBasdih Road, P.S.- Basdih, Distt.- Ballia (U.P.) 2.

Pintu Kumar S/O Lal Sahab @ Lal Sahab Sah R/O Village- Manjhi Chainpur, P.S- Manjhi, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Danish Raja, Advocate Mr. Rishi Sinha, Advocate Mr. Vaibhav Jha, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 70.965 litres Indian made foreign liquor from railway bridge and the petitioners were apprehended on the spot when they tried to flee away throwing the bags containing illicit liquor.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case on the basis of suspicion. Petitioners were coming from marriage ceremony and they were apprehended on the spot.

Patna High Court CR. MISC. No.58415 of 2025(2) dt.10-09-2025 2/2 Nothing has been recovered from conscious possession of the petitioners. Petitioners have no concern with the seized liquor. There is no independent witness of the seizure list which is contrary to Section 103 of the B.N.S.S. Petitioners have no criminal antecedent. Petitioners are in jail since 10.07.2025 and they undertake to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No.258 of 2025.

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