Nawal Sah @ Nawal Kishor Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64526 of 2025 Arising Out of PS. Case No.-396 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Nawal Sah @ Nawal Kishor Sah S/O Balam Sah @ Ram Balam Sah @ Kam Valam Sah R/O Village- Jogiara Samhauli, P.S.- Pupri, Dist. - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Runnisaidpur P.S. Case No. 396 of 2023 registered for the offences punishable under Sections 420, 467, 468, 120(B), 471 and 34 of Indian Penal Code and Sections 30(a), 32, 36, and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., recovery of total 2851.125 litres of english wine has been made, from a container bearing Reg. No. HR55AK8722 which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has no concern with the alleged recovery. The name of the petitioner has been disclosed in this case by the confessional statement of the driver of the alleged vehicle, which has been
Patna High Court CR. MISC. No.64526 of 2025(2) dt.23-09-2025 2/2 made before the police and that has got no evidentiary value in the eye of law. Nothing incriminating article has been recovered from his conscious possession and except confession, no other material came against the petitioner. Petitioner is in custody since 12.08.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-I, Sitamarhi in connection with Runnisaidpur P.S. Case No. 396 of 2023 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T