Patna High CourtCR. MISC./14858/2025bail granted

Birendra Sahani v. The State Of Bihar

2025-03-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14858 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- JITNA District- East Champaran ====================================================== Birendra Sahani S/O Late Ramdev Sahani Resident of village - Bijbani Udhosah Tola , P.S.- Jitan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jitna P.S. Case No. 04/2025 dated 07.01.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 186 litres of illicit Nepali country-made liquor was recovered from the five sacks in the bamboo orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is made from an open

Patna High Court CR. MISC. No.14858 of 2025(2) dt.28-03-2025 2/2 place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has one antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari, in connection with Jitna P.S. Case No. 04/2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T