Baban Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60766 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Baban Sah S/o Late Ramdhani Sah R/o Village- Goha, P.S.- Isuapur, DistrictSaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Isuapur P.S. Case No. 125 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 10 litres of illicit spirit liquor recovered from possession of the petitioner. It is alleged that the seized liquor belongs to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his three criminal antecedents of similar nature in which he is on bail. He has no concern with the seized liquor or place of recovery. Nothing incriminating has been recovered from the conscious possession of the petitioner. He further
Patna High Court CR. MISC. No.60766 of 2025(3) dt.09-10-2025 2/3 submits that there is no independent witness to the seizure list that is the violation of provision under Section 103 of the BNSS. Charge-sheet has already been submitted after completion of investigation and there is no chance of tampering with the evidence or absconding of the petitioner. Petitioner is in jail custody since 03.07.2025. Petitioner undertakes to cooperate in the trial of the case.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, nature of allegation and period of custody, let the petitioner, 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. 3, Saran at Chapra, in connection with Isuapur P.S. Case No. 125 of 2025, with further conditions that:- (i) The petitioner shall appear on each and every date 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.
(ii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at
Patna High Court CR. MISC. No.60766 of 2025(3) dt.09-10-2025 3/3 liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) khushbu/- U T