Jaswant Kumar Sahu @ Jaswant Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61183 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- SONO District- Jamui ====================================================== Jaswant Kumar Sahu @ Jaswant Sahu Son of Uma Shankar Sahu Resident of Village- Harla, P.S.-Jamuwa, District-Giridih Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhuresh Singh, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Mr. Madhuresh Singh, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sono P.S. Case No. 195 of 2024 for the offence registered under section 30(a) of the Bihar Prohibition and Excise Act lodged on 22.06.2024 by the informant, Chandradev Mahto.
3. As per the prosecution story, the informant alleged that during patrolling duty, the motorcycle was intercepted and there is recovery/seizure of 26.625 litres of foreign liquor. One Rajeev Kumar was apprehended and he gave the name of the other who is kept as Rajeev Kumar S/o Pradeep Saw, this led to the FIR.
4. Learned Counsel for the petitioner submits that Rajeev kumar S/o Dileep Sahni was arrested and he gave the name of Rajeev Kumar S/o Pradeep Saw as the person who
Patna High Court CR. MISC. No.61183 of 2025(2) dt.23-09-2025 2/3 escaped, he is the owner of the vehicle and had given to his cousin Rajeev Kumar and that's why came in the police name, he has no criminal antecedent. If granted relief, he shall be diligently appearing in trial.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Considering the aforesaid submissions of the parties as also the fact that the petitioner has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-II, Jamui in connection with Sono P.S. Case No. 195 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.61183 of 2025(2) dt.23-09-2025 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T