Shudhu Sahani @ Mainejar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32813 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Shudhu Sahani @ Mainejar Sahani Son of Tokhan Sahani Resident of Village - Mathiya Bariyarpur, Ward No.- 4, P.S.- Piprakothi, District - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mrs. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2025 Heard Mr. Shanti Bhushan Singh, learned counsel for the Petitioner and Mrs. Asha Kumari, learned APP for the State.

2. Petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 79 of 2025 dated 10.03.2025 registered for the offences punishable under Sections 274, 275, 123, 110 of and the BNS and Section 30(a) of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by the petitioner's counsel are that there is criminal antecedent of one case against this petitioner in which he is on bail and in the present matter, he has been languishing in jail since 11.03.2025 and against him, investigation has been completed, though, the instant matter relates to the recovery of 80 liters of the spirit, punching machine, plastic rappers etc, from the house of this petitioner but his house is in joint possession of the several persons and in this regard, a specific statement has been made in paragraph-11 of this petition. It is further submitted that the material witnesses of the prosecution who are to be examined in the trial of the petitioner are government officials, so,

Patna High Court CR. MISC. No.32813 of 2025(3) dt.06-08-2025 2/2 releasing the petitioner on bail will not affect the prosecution in any manner.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Heard both sides and perused the relevant materials. Though against this petitioner, there is serious allegation as from his house, huge quantity of spirit with other equipments purported to be used in the manufacturing of illicit liquor, were recovered, however, considering the facts that investigation has been completed against him and most of the material witnesses who are to be examined in the trial of the petitioner are government officials, in my opinion, in the said circumstances, a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Piprakothi P.S. Case No.

79 of 2025 with further condition that if the trial court is going to proceed with the trial of the petitioner then the petitioner shall be released after the framing of charge. If the charges are not framed upon the petitioner in the next two months then he shall be released on bail as per the above direction.

(Shailendra Singh, J) siddharthkr/- U T