Ashok Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27821 of 2025 Arising Out of PS. Case No.-557 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Ashok Sahani S/o Lalu Sahani R/o Village- Jhakhiya Nayka Tola, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 557 of 2023 in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, 40 litres of illicit country made liquor has been recovered from Baluai Ghat, which is an open place.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been

Patna High Court CR. MISC. No.27821 of 2025(2) dt.04-07-2025 2/2 recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioner is in custody since 27.01.2025 and charge-sheet has been submitted.

5. Learned A.P.P. for the State vehemently opposes the bail application of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Turkauliya (Raghunathpur) P.S. Case No. 557 of 2023.

(Prabhat Kumar Singh, J) Neha/- U T