Doli Sada @ Dholi Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63845 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Darhar District- Saharsa ====================================================== Doli Sada @ Dholi Sada Son of Kusum Sada Resident of village - Rasalpur, Ward No.- 12, P.S.- Darhar, District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Adv.
Mr. Gopal Krishna Nishant, Adv.
For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Darhar P.S. Case No. 39 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 09.06.2025 by the informant, Jitendra Kumar.
3. As per the FIR, on secret information, the Police raided the place and there is recovery/seizure of 10 liter country made liquor. This led to the FIR.
4. Learned Counsel for the petitioner submits that he has no criminal antecedent, recovery/seizure is from an open place, nothing has been recovered from his conscious
Patna High Court CR. MISC. No.63845 of 2025(2) dt.24-09-2025 2/3 possession.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the locals have named him.
6. Taking into account the submissions of the parties as also the fact that the petitioner do not have criminal antecedent, nothing has been recovered from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. However, if it is found that contrary to the statement made in paragraph 3, the petitioner has criminal antecedent, the present order shall become infructuous.
8. 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 Special Judge (Excise)-I, Saharsa in connection with Darhar P.S. Case No. 39 of 2025 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;
Patna High Court CR. MISC. No.63845 of 2025(2) dt.24-09-2025 3/3 (ii) 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;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(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) Vijay Singh/- U T