Vinod Kumar Sah @ Vinod Prasad Sah @ Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64805 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- PALASI District- Araria ====================================================== Vinod Kumar Sah @ Vinod Prasad Sah @ Binod Sah, S/O Suryanand Sah, Resident of Village- Sonakandar Ward No. 06 Police Station- Palasi, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-09-2025 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 227 of 2025 dated 11.06.2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act (in short 'Excise Act').

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 20.700 litres of illicit Nepali country made liquor and the alleged liquor is said to have been recovered from the underconstruction house of co-accused Santosh Kumar Sah, who is said to have been apprehended at the spot by the police and the name of this petitioner came into light in the statement of

Patna High Court CR. MISC. No.64805 of 2025(2) dt.24-09-2025 2/2 apprehended co-accused Santosh Kumar Sah, which is not admissible in the eyes of law and except this, there is no material even prima facie to show the petitioner's involvement in the alleged offence punishable under the Excise Act, under which the FIR has been registered, so, his prayer for anticipatory bail is not hit by the provisions of section 76(2) of the Excise Act.

4. Learned APP appearing for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case as well as considering the submissions as stated above, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Palasi P.S. Case No. 227 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) annu/- U T