Lakshman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15237 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Lakshman Sahni S/O Rajendra Sahni R/O Village- Gopalpur, P.S- Kalyanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2025 Heard Mr. Shubhesh Pandey, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. Altogether 640.200 litres of illicit liquor is said to have been recovered from the spots including the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor or the place of

Patna High Court CR. MISC. No.15237 of 2025(2) dt.05-03-2025 2/3 recovery. The allegation levelled against the petitioner is totally false and based on concocted facts. His name has been transpired in the present case merely on the basis that from his house, recovery has been made, but the real fact is that no recovery has been made from his house. Learned counsel further submits that petitioner has been languishing in custody since 04.01.2025. He has no criminal antecedent as mentioned in para 3 of the bail application.

5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Kalyanpur P.S. Case No.190 of 2024, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.15237 of 2025(2) dt.05-03-2025 3/3 how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the Lawyer's Association Welfare Benevolent Fund, Patna.

(Anjani Kumar Sharan, J) divyanshi/- U T