Rudal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66372 of 2025 Arising Out of PS. Case No.-32 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Rudal Sah S/o Late Nageshwar Sah, Resident of Village- Khauna, PSBasopatti, Dist- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate Mrs. Archna Aanand, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Basopatti P.S. Case No. 32 of 2022, dated 10.02.2022, registered for the offences punishable under Sections 272, 273, 413 and 414 read with Section 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 10 litres of illicit country made liquor was recovered from different motorcycles.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. He further submits that 10 litres of illicit country made liquor was seized from the spot from two different motorcycles, out of which one motorcycle belongs to the petitioner

Patna High Court CR. MISC. No.66372 of 2025(2) dt.24-09-2025 2/2 from which only 5 litre of country made liquor was recovered. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. He lastly submits that petitioner carries clean antecedent.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner has clean antecedent and nothing has been recovered from conscious possession of the petitioner, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise Court), Madhubani, in connection with Basopatti P.S. Case No. 32 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T