← Library
Patna High CourtCR. MISC./28143/2026allowed

Gulab Sahani @ Gulab Sahni @ Gulab Mallha v. The State Of Bihar

2026-05-04Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28143 of 2026 Arising Out of PS. Case No.-187 Year-2026 Thana- MANJHI District- Saran ====================================================== Gulab Sahani @ Gulab Sahni @ Gulab Mallha S/o Late Madan Sahani @ Madan Mallah R/o - Mathanpura, Vill. - Mahmmadpur, P.S - Manjhi, District - Saran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Manjhi P.S. Case No. 187 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. The case of the prosecution, in short, is that from the possession of the petitioner, altogether 15 liters of illicit countrymade liquor were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.28143 of 2026(2) dt.04-05-2026 2/2 possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the petitioner is languishing in judicial custody since 05.04.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 187 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T