Surandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58930 of 2025 Arising Out of PS. Case No.-349 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Surandra Sah, Gender-Male, aged about 30 years, Son of Shivmangal Sah, R/oVill.- Mathiya, Ward No.- 7, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard Mr. Suraj Kumar Tiwari, learned counsel appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chhatauni P.S. Case No. 349 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 7.200 litres of countrymade liquor from outside the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the seized liquor nor he is involved in trade of liquor in any manner. The

Patna High Court CR. MISC. No.58930 of 2025(2) dt.23-09-2025 2/3 place of recovery is an open place which is accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the fact that the recovery of 7.200 litres of country made liquor from outside the house of the petitioner, which is an open place and easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Chhatauni P.S. Case No. 349 of 2025, subject to the condition as laid down under Section 482(2)

Patna High Court CR. MISC. No.58930 of 2025(2) dt.23-09-2025 3/3 of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U