Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.582 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== Vijay Sah son of Late Shiv Narayan Sah village- Dhenutha, PS- Kochas, DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kochas P.S. Case No. 126 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the allegation made in the FIR, in course of raid, altogether 2.955 litres of Indian-made foreign liquor of different brands was recovered from the shop of petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the name of the petitioner has been disclosed by the local Chawkidar due to previus enmity and the village politics. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

Patna High Court CR. MISC. No.582 of 2025(2) dt.17-01-2025 2/3

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum- Additional District & Sessions Judge, Rohtas at Sasaram, in connection with Kochas P.S. Case No. 126 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is

Patna High Court CR. MISC. No.582 of 2025(2) dt.17-01-2025 3/3 pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) chn/- U