Murari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72413 of 2025 Arising Out of PS. Case No.-940 Year-2025 Thana- SONEPUR District- Saran ====================================================== Murari Sah S/O Late Mahendra Sah R/V - Maheshwarpur, P.S- Bidupur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sonpur P.S. Case No. 940 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, on the basis of secret information, the petitioner was apprehended transporting 330 liters of spirit on a three wheeler CNG tempo.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern either with the seized liquor or the CNG tempo from which recovery is said to be made. The petitioner is not the owner of the said vehicle. The seizure list

Patna High Court CR. MISC. No.72413 of 2025(2) dt.13-10-2025 2/3 has been prepared without following the mandate of law. The petitioner is in custody since 16.09.2025 and is having clean antecedent.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to 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 learned Exclusive Special Excise Judge-II, Saran at Chapra/court concerned in connection with Sonpur P.S. Case No. 940 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.72413 of 2025(2) dt.13-10-2025 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T