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Patna High CourtCR. MISC./4637/2026bail granted

Kishori Sahani v. The State Of Bihar

2026-01-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4637 of 2026 Arising Out of PS. Case No.-619 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Kishori Sahani Son of Late Shivpujan Sahani R/o - Kaithwaliya, P.S.- Sugauli, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Prasad, Advocate Mrs. Tripti Singh, Advocate Mr. Sonu Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 619/2025 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 80 litres of liquor has been recovered from field.

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 possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The

Patna High Court CR. MISC. No.4637 of 2026(2) dt.28-01-2026 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 04.12.2025 and has no criminal antecedent. 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 Sugauli P.S. Case No. 619/2025.

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