Pawan Sah @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86820 of 2025 Arising Out of PS. Case No.-273 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Pawan Sah @ Pawan Kumar S/o Dharm Raj Sah Resident of Village - Karman Tola, P.S - Ara Nawada, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Adv For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ara Town P.S. Case No. 273 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 240 liters of country made liquor was recovered from government house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.86820 of 2025(2) dt.16-12-2025 2/2 for the petitioner submits that petitioner was not arrested on spot. It is further submitted that local people disclosed the name of the petitioner. The petitioner is in custody since 10.11.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 23.06.2025 passed in Cr. Misc. No. 38283 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ara Town P.S. Case No. 273 of 2025.

(Rudra Prakash Mishra, J) krishnakant/- U T