Lalu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67784 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Lalu Sah Son of Bhikhari Sah Resident of Village - Kataujha, P.S.- Aurai, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, on secret information, the Police has recovered 2379.960 litres of illicit foreign liquor near the road at Bharthua ring bandh. Three persons were arrested on the spot and other accused persons including the petitioner succeed to fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. On the basis of disclosure made by

Patna High Court CR. MISC. No.67784 of 2025(2) dt.07-10-2025 2/2 the apprehended accused persons, petitioner name has surfaced in this case. The alleged recovery is made from the open place which is accessible to anyone. Petitioner has one criminal antecedent of similar nature and he is on bail in that case. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. II, Muzaffarpur/learned Court concerned, in connection with Aurai P.S. Case No. 137 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ranjeet/- U T