Kodhai Sah @ Kodai Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72030 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- SIKTA District- West Champaran ====================================================== Kodhai Sah @ Kodai Sah Son of Jagu Sah R/O Village - Baisakhwa, P.S.- Gopalpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 274 and 275 of the BNS and Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 5 liters of Nepali country made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner has been framed in this case only because of his criminal antecedents. It is further contended that from the seizure list, it would transpire that all the seizure list witnesses

Patna High Court CR. MISC. No.72030 of 2025(2) dt.09-10-2025 2/2 are police personner. Moreover, the petitioner is languishing in judicial custody since 13.07. 2025 and he has six criminal antecedents.

5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sikta P.S. Case No. 97 of 2025 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 Court Excise II, Bettiah, West Champaran, subject to the condition that the petitioner shall not indulge himself in similar nature of case in future.

(Ashok Kumar Pandey, J) Jagdish/- U T