Laddu Sahani @ Krishna Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19682 of 2026 Arising Out of PS. Case No.-723 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Laddu Sahani @ Krishna Mohan Sahani Son of Lalan Sahani @ Lalan Sahni Resident of Village- Panchbhirwa, Damovriti, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dhurendra Kumar, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard Mr. Dhurendra Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 11.01.2026, in connection with Harsidhi P.S. Case No. 723 of 2025, F.I.R. dated 24.10.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 200 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the

Patna High Court CR. MISC. No.19682 of 2026(2) dt.25-03-2026 2/3 conscious possession of the petitioner rather recovery has been made from the tempo in question and petitioner is not the owner of the tempo in question and the name of the petitioner has been transpired on the basis of disclosure made by local choukidar and the local choukidar has disclosed that the petitioner was present at the place of occurrence and he fled away from the place of occurrence and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 11.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the choukidar has identified the petitioner and apart from aforesaid the petitioner carries four more cases of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19682 of 2026(2) dt.25-03-2026 3/3 satisfaction of learned Exclusive Special Excise Court No. 01, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 723 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T