Byash Sahani@Beyash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27452 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Byash Sahani@Beyash Sahani S/O Babulal Sah@Babulal Sahani R/O Vill.- Mehwa, P.S.- Sugauli, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2025 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 Lakhaura P.S. Case No. 222 of 2024 dated 20.12.2024 registered for the offences punishable u/ss 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 133 litres of illicit country-made liquor was recovered from the four motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the seized motorcycles. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. As per para-3 of the supplementary affidavit filed on behalf of the

Patna High Court CR. MISC. No.27452 of 2025(2) dt.05-05-2025 2/2 petitioner during course of the day, the petitioner has twelve criminal antecedents in which he is on bail in all cases. The petitioner is in custody since 04.02.2025.

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 in connection with Lakhaura P.S. Case No. 222 of 2024, with a 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 bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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