Patna High CourtCR. MISC./7549/2026bail granted

Naresh Sahni @ Mannu Sahani v. The State Of Bihar

2026-02-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7549 of 2026 Arising Out of PS. Case No.-993 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Naresh Sahni @ Mannu Sahani S/o- Shivdhar Sahni Village- Shambhopatti PS-Mahua District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahua P.S. Case No. 993 of 2025, instituted for the offences punishable under Sections 274, 275 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 1360 liters liquor was recovered from Tata Magic vehicle.

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. Learned counsel

Patna High Court CR. MISC. No.7549 of 2026(2) dt.02-02-2026 2/3 for the petitioner also submitted that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Rahul Kumar and the same has got no evidentiary value. It is next submitted that the petitioner is neither owner nor driver of the vehicle in question. The petitioner is in custody since 09.12.2025 and has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 03.12.2025 passed in Cr. Misc. No. 82701 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik 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 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 993 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.7549 of 2026(2) dt.02-02-2026 3/3 (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 bail bonds of the petitioner.

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