Upendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72561 of 2025 Arising Out of PS. Case No.-586 Year-2025 Thana- BIHTA District- Patna ====================================================== 1.

Upendra Saw S/O Rajendra Saw Resident of Village- Musfapur, P.S- Bihta, Distt.- Patna.

2.

Rajkishore Saw S/O Rajbihari Saw Resident of Village- Mustafapur, P.SBihta, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-10-2025 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Bihta P.S. Case No. 586 of 2025 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 120 liters of country made liquor and one motorcycle from the petitioners. The petitioners claim clean antecedent.

4. Learned counsel for the petitioners submits that the petitioners are in custody since 23.07.2025. They are quite innocent and have falsely been implicated in the present case. He further submits that the petitioners are ready to donate Rs.

Patna High Court CR. MISC. No.72561 of 2025(2) dt.13-10-2025 2/3 25,000/- (Rs. Twenty Five Thousand) in some charitable organization without accepting their guilt.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur/concerned Court below in connection with Bihta P.S. Case No. 586 of 2025 subject to conditions that:- (I). The petitioners shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Nala Road, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted only after verifying the genuineness of the receipt produced by the petitioners.

(ii). At the time of accepting the bail bonds of the petitioners, the Court below shall verify the fact whether the petitioners have clean antecedent or not. If it is found that the petitioners have clean antecedent then only their bail bonds shall

Patna High Court CR. MISC. No.72561 of 2025(2) dt.13-10-2025 3/3 be accepted by the Court below.

(iii). Both the bailors will be close blood relative of the petitioners.

(Sandeep Kumar, J) Shishir/- U T