Vindeshwari Sah @ Bindeshwari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86015 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Vindeshwari Sah @ Bindeshwari Sah S/O Late Mahi Sah @ Menhi Sah R/O Vill- Goushala Chowk, Ward no 5, P.S.- Murliganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of recovery of 1717.92 litres of liquor from P.W.D. Office, Madhepura.

5. Learned counsel for the petitioner submits that petitioner is in custody since 13.09.2024. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which is a government

Patna High Court CR. MISC. No.86015 of 2024(2) dt.17-01-2025 2/2 office and does not belong to the petitioner and the petitioner came to be implicated by independent witnesses but then the FIR does not disclose the name of the person who disclosed the name of the petitioner. It is next submitted that once an accused is implicated in a case relating to excise, the police start implicating mechanically. It is also submitted that charge-sheet has been submitted in the present case.

6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Madhepura Excise P.S. Case No. 87 of 2024.

(Satyavrat Verma, J) Kundan/- U T