Patna High CourtCR. MISC./27716/2025bail granted

Shrawan Sahni v. The State Of Bihar

2025-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27716 of 2025 Arising Out of PS. Case No.-90 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Shrawan Sahni S/o Shankar Sahni R/o Vill- Kalyanpur Basti Purvi, P.S.- Mohiuddin Nagar, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vidyapatinagar P.S. Case No. 90 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered total 115.200 liters of illicit foreign liquor from the car and motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the owner of the seized motorcycle. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.27716 of 2025(2) dt.30-04-2025 2/2 concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.02.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vidyapatinagar P.S. Case No. 90 of 2021.

(Rudra Prakash Mishra, J) rishi/- U T