Satish Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29067 of 2025 Arising Out of PS. Case No.-1161 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Satish Sahani Son of Ramadhar Sahani Resident of Village - Bhalua Raghunathpur, P.S.- Raghunathpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 1161 of 2023 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, the police has recovered total 68.100 liters of illicit Nepali liquor from the Mango orchard.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.29067 of 2025(2) dt.07-05-2025 2/3 alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was not apprehended on the spot and his name has transpired in this case on the basis of the disclosures made by the local people. The petitioner has no concern with the seized liquor. The alleged recovery of illicit liquor has been made from an open place which is accessible to one and all. 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 one criminal antecedent and is languishing in judicial custody since 27.02.2025 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, let the petitioner, abovenamed, be released on bail

Patna High Court CR. MISC. No.29067 of 2025(2) dt.07-05-2025 3/3 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 Turkauliya P.S. Case No. 1161 of 2023.

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