Om Prakash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3238 of 2025 Arising Out of PS. Case No.-443 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Om Prakash Sahani S/o Late Gogi Sahni @ Gogi Paswan R/o village - Subhash chowk , p.s.- Rajnagar , district - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajnagar PS Case No. 443 of 2024 instituted for the offences under Sections 274, 275, 3(5) of of the B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 140.400 litres of liquor was recovered from Banana Orchard. 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. It is submitted that recovery is made from an open place, which is accessible to

Patna High Court CR. MISC. No.3238 of 2025(2) dt.28-01-2025 2/2 one and all. The petitioner is in custody since 18.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajnagar PS Case No. 443 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T