Baharan Sahni @ Baharan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25601 of 2026 Arising Out of PS. Case No.-98 Year-2026 Thana- PARSA District- Saran ====================================================== 1.

Baharan Sahni @ Baharan Sahani S/o Late Bahadur Sahni R/o Village - Dighra, P.S - Parsa, District - Saran 2.

Ram Sarikhan Sahui @ Ramsarikhan Sahani S/o Late Ram Bharosa Sahni R/o Village - Dighra, P.S - Parsa, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mili Kumari, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Parsa P.S. Case No. 98 of 2026 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

03. As per prosecution case, during patrolling secret information was received by the informant about co-accused Sanjay Manjhi selling illicit liquor with the help of his associates. A raid was conducted at the identified place and petitioners and co-accused were apprehended and co-accused Sanjay Manjhi fled away from the spot. From the spot, recovery

Patna High Court CR. MISC. No.25601 of 2026(2) dt.17-04-2026 2/3 of 40 litres of country made liquor was made.

04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case and there is no role in the whole occurrence. The allegation was made against co-accused Sanjay Manjhi who was selling liquor but he was not apprehended. Nothing incriminating has been recovered from the person or possession of the petitioners and the place from which the recovery was made is accessible to all and it is specific against the coaccused. The petitioners have no concern with the said recovery and the recovered article. The petitioners are having clean antecedent and they are in custody since 27.02.2026.

05. Learned APP opposes the submission made on behalf of the petitioners.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioners and also considering the period of custody of the petitioners, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at

Patna High Court CR. MISC. No.25601 of 2026(2) dt.17-04-2026 3/3 Chapra/concerned Court in connection with Parsa P.S. Case No. 98 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T