Nandkishor Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5953 of 2026 Arising Out of PS. Case No.-1193 Year-2025 Thana- Excise P.S. District- Jamui ====================================================== 1.

Nandkishor Sahni S/O Late Fulchan Sahni R/O Village - Raiyni, Ward No.- 08, P.S- Shakra, District- Muzaffarpur 2.

Ajit Kumar Rai @ Ajit Kumar S/O Ashok Rai R/O Vill.- Velpara, Ward no.- 04,P.S- Ghanshyampur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with JAM P.S. Case No. 1193 of 2025 instituted for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 315 litres of liquor was recovered from car.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted

Patna High Court CR. MISC. No.5953 of 2026(2) dt.31-01-2026 2/3 that petitioners are not the owner of the vehicle. It is further submitted that petitioner no.1 is the driver of the vehicle in question whereas petitioner no.2 is the co-driver and both the petitioners have got no concern with the loaded articles/liquor. The petitioners are in custody since 28.11.2025 and have 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 petitioners.

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

7. Let the petitioner no. 2 be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with JAM P.S. Case No. 1193 of 2025.

8. Let the petitioner no. 1 be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with JAM P.S. Case No. 1193 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.5953 of 2026(2) dt.31-01-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner no.1.

(II) The petitioner no.1 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 bail bonds of the petitioner no.1.

(Rudra Prakash Mishra, J) Alok Verma/- U T