Oral bail order granted to petitioner facing charge of selling illicit liquor. Court noted lack of material implicating petitioner beyond vehicle ownership and fair antecedents.
Petitioner released on bail of Rs. 10,000 with two sureties within four weeks subject to family guarantor.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31016 of 2025
Arising Out of PS. Case No.-81 Year-2021 Thana- BAHERA District- Darbhanga
======================================================
Sukan Sah S/o Jitan Sah, Resident of Village- Kamalpur, Police StationSonki, District- Darbhanga.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 20-05-2025
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.31016 of 2025(2) dt.20-05-2025 2/3
the pick-up van in question was being run for carrying the goods by the driver and, in fact, the petitioner was not aware that his pick-up van has ever been used for illicit purpose. The petitioner has neither any concern with the illicit wine nor with the seized motorcycle. There are various other infirmities in search and seizure. Save and except the petitioner being owner of the pickup van, there is no material; all the more, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceedings of the Court.
Patna High Court CR. MISC. No.31016 of 2025(2) dt.20-05-2025 3/3
bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Bahera P.S. Case No. 81 of 2021, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner qualifies for bail in charge sheet stage considering fair antecedents and lack of prima facie evidence.
2 provisions across 2 enactments
Sukan Sah
The State Of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
HARISH KUMAR
