Hasan Sai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72859 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- EXCISE MADHUBAN District- East Champaran ====================================================== Hasan Sai S/O Janaudi Sai @ Jainuddin Sain @ Jainudi Side Resident of village- Balochak (Ballo Chak) P.S.- Chakia District- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Madhuban Excise P.S. Case No. 96 of 2025 dated 14.05.2025, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 110 litres country made liquor from a Tempo.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that that nothing has been recovered from the conscious possession of the petitioner. The said illicit liquor has been recovered from a Tempo, which does not belong to the
Patna High Court CR. MISC. No.72859 of 2025(2) dt.16-10-2025 2/2 petitioner. It is further submitted that the petitioner is neither the owner nor the driver of the said Tempo. It is also submitted that one co-accused person, who was arrested on the spot disclosed the name of the petitioner. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Madhuban Excise P.S. Case No. 96 of 2025, he shall be released on anticipatory bail upon 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 Excise Court No. 2, East Champaran at Motihari, subject to condition as laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J) prabhat/- U T