Munna Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75369 of 2025 Arising Out of PS. Case No.-422 Year-2025 Thana- SAKRA District- Muzaffarpur ====================================================== 1.
Munna Sah S/O Nagina Sah R/O Village- Sabaha Mahediya, P.S.- Sakra, Distt.- Muzaffarpur.
2.
Shivam Kumar S/O Munna Sah R/O Village- Sabaha Mahediya, P.S.- Sakra, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-11-2025 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case and petitioner No. 2 is a person with clean antecedent and allegation is of recovery of 15 litres of liquor from shop of Divesh and 367.32 litres of liquor from bathan of the petitioner.
4.
Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.75369 of 2025(2) dt.13-11-2025 2/3 recovered from their conscious possession and the bathan is a place outside the house and is accessible to villagers at large. It is next submitted that they came to be implicated based on secret information which is the easiest way to implicate someone. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sakra P.S. Case No. 422 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.
It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more
Patna High Court CR. MISC. No.75369 of 2025(2) dt.13-11-2025 3/3 than one case and petitioner No. 2 has antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of one case and petitioner No. 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sumit/- U T