Patna High CourtCR. MISC./66032/2025bail granted

Doman Sapera v. The State Of Bihar

2025-09-24Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66032 of 2025 Arising Out of PS. Case No.-920 Year-2019 Thana- FATUA District- Patna ====================================================== Doman Sapera, S/O Late Sugreev Sapera, R/O Village- Sikandarpur, P.SFatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kahkashan Alam, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Fatuha P.S. Case No. 920 of 2019 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act.

3. As per prosecution case, police received tip off about the petitioner and other co-accused persons selling country made liquor. Police reached the spot and three persons fled away on seeing the police party. The name of the petitioner transpires as one of the escaped persons. About 50 liters of country made mahua liquor was recovered behind the school concealed in a plastic container.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.66032 of 2025(2) dt.24-09-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person/possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is in custody since 24.07.2025 and is having clean antecedent.

5. Learned A.P.P. opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has shown from him and further considering the period of custody of the petitioner along with his clean antecedent, the petitioner 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, Patna City, Patna, in connection with Fatuha P.S. Case No. 920 of 2019, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

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

Patna High Court CR. MISC. No.66032 of 2025(2) dt.24-09-2025 3/3 (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 cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T