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Patna High CourtCR. MISC./70134/2025allowed

Nandkishor Sah v. The State Of Bihar

2025-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70134 of 2025 Arising Out of PS. Case No.-457 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Nandkishor Sah S/O Late Sahdev Sah Resident of Village- Turkauliya Semra Tola, P.S.- Turkauliya, District- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Adv For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition& Excise Amendment Act.

3. The case of the prosecution is that altogether 255.620 liters of foreign liquor was recovered from Tata Magic vehicle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is driver of the vehicle and he was carrying consignment on the instruction of the owner of the vehicle. It has been submitted that from perusal of the seizure list, it will transpire that the witnesses are

Patna High Court CR. MISC. No.70134 of 2025(2) dt.07-10-2025 2/2 police personnel and the seizure list does not contain the signature of the petitioner. The petitioner is in custody since 12.08.2025 having clean antecedent.

5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the fact and circumstances of the case and submissions of the parties, let the above named petitioner, 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 the learned Exclusive Special Judge, Excise -II Muzaffarpur in connection with Sahebganj P.S. Case No. 457 of 2025.

(Ashok Kumar Pandey, J) N.K/- U T