Kanhaiya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59016 of 2025 Arising Out of PS. Case No.-1029 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Kanhaiya Sah, S/o Lakhandeo Sah, R/o Village - Siswa, Ward No . 4, P.S. - Raxaul, District - East Champaran.

2.

Ajay Kumar, Yadav Son Bhikhar Rai @ Bhithar Yadav, R/o Village - Siswa, Ward No . 4, P.S. - Raxaul, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Excise P.S. Case No. 1029 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on a secret information police apprehended the petitioners, on search, total 90 litres of country made liquor recovered from the Hero Splendor Plus motorcycle in possession of the petitioners.

4. Learned counsel for the petitioner submits that the petitioners are innocent and has been falsely implicated in this case on the basis of suspicion. He has no concern with the

Patna High Court CR. MISC. No.59016 of 2025(2) dt.11-09-2025 2/2 seized liquor or motorcycle. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioners went to the market and police caught them. Charge-sheet has already been submitted and there is no chance of absconding or tampering with the evidence. Petitioners are in jail custody since 28.06.2025. Petitioner no. 1 has one criminal antecedent and petitioner no. 2 has two criminal antecedents. Petitioners undertake to co-operate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.- 2, Civil Court, Motihari, East Champaran, in connection with Excise P.S. Case No.1029 of 2025.

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