Kundan Sah @ Kundan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71259 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== Kundan Sah @ Kundan Kumar Sah S/O Mathu Sah @ Swaminath Sah Resident of Village- Jhajhwan, P.S- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-10-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Manjhagarh PS Case No.175 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 38 ltrs. of country-made liquor has been recovered from behind the house of the co-accused Mathu Sah and the name of the petitioner transpired on the basis of the confessional statement of said co-accused.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the present case due to village

Patna High Court CR. MISC. No.71259 of 2025(2) dt.15-10-2025 2/2 politics.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the fact that the petitioner has been implicated in the present case due to village politics, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge XIII cum Special Excise Court No.1, Gopalganj in connection with Manjhagarh PS Case No.175 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T