Patna High CourtCR. MISC./4153/2026bail granted

Sajan Kumar @ Sajan Sahani @ Sajan Chaudhary v. The State Of Bihar

2026-01-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4153 of 2026 Arising Out of PS. Case No.-300 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sajan Kumar @ Sajan Sahani @ Sajan Chaudhary S/o Dasai Sahani @ Dasai Chaudhary R/o Village- Hathiyahi, P.S.- Piprakothi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Piprakothi P.S. Case No. 300 of 2024 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 50 litres of illicit country-made liquor has been recovered out of which, 40 litres of illicit liquor was recovered in the straw behind the petitioner's house.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.4153 of 2026(2) dt.27-01-2026 2/3 possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. Local people disclosed the name of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.11.2025 and has five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Piprakothi P.S. Case No. 300 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.4153 of 2026(2) dt.27-01-2026 3/3 bail bonds of the petitioner.

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