Nawal Sahani @ Nawal Choudhary @ Nawal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19016 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Nawal Sahani @ Nawal Choudhary @ Nawal Chaudhary S/o Lalan Sahani Resident of Village- Hathiyahi, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-04-2025 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 Piprakothi P.S. Case No. 41 of 2024 dated 25.02.2024 registered for the offences punishable u/ss 272, 273, 308 and 328 of the Indian Penal Code and u/ss 30(a), 30(d) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from the Bamboo Orchard of the co-accused, Jagjitan Sahani. 2000 litres of Pass was also destroyed.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.19016 of 2025(2) dt.09-04-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the bamboo orchard of the coaccused person. The petitioner has 14 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2024.

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 Piprakothi P.S. Case No. 41 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.19016 of 2025(2) dt.09-04-2025 3/3 (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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