Sone Lal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23884 of 2025 Arising Out of PS. Case No.-427 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Sone Lal Sahani S/o Mohitlal Sahni @ Motilal Sahani R/o Village- Salempur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2025 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 Lalganj P.S. Case No. 427 of 2023 dated 07.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country made liquor and 3000 litres of Kacha Java Mahua were recovered near the Salimpur Diyara.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is accessible to anyone. The other co-accused person has already been granted bail by this court vide order dated 13.05.2024 passed in Cr. Misc. No. 36443/2024. The petitioner has no

Patna High Court CR. MISC. No.23884 of 2025(2) dt.01-05-2025 2/2 concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has ten criminal antecedents and he is on bail in eight other cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.03.2025.

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, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 427 of 2023, with the condition/s:- (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.

7. The application stands allowed.

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