Salman Sai @ Salman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63994 of 2025 Arising Out of PS. Case No.-254 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Salman Sai @ Salman Sah S/O Nasruddin Sai R/O Vill.- Mubarakpur Pipariya, P.S.- Mohania, Dist.- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 540 of 2025 registered for the alleged offences under Sections 30(a) & 62 of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, from a CNG tempo driven by this petitioner, recovery of 51.840 liters of India made foreign liquor was made. The petitioner was apprehended. The recovered illicit liquor as well as the tempo were seized.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the

Patna High Court CR. MISC. No.63994 of 2025(2) dt.23-09-2025 2/3 owner of the tempo and he is merely a driver. The petitioner has no concern with the seized liquor. The petitioner is having clean antecedent and is in custody since 22.07.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to 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 Special Judge, Excise Act-1, Rohtas at Sasaram/court concerned in connection with Excise Case No. 540 of 2025 (FIR No. 254 of 2025), subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.63994 of 2025(2) dt.23-09-2025 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T