Mukesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35062 of 2026 Arising Out of PS. Case No.-624 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Mukesh Sahani, Male aged about 30 years, Son of Chhatri Sahani @ Chandri Sahani, Resident of Village- Jhakhiya, P.S.- Banjariya, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
2. The petitioner is in custody in connection with Raghunathpur, P.S Case No. 624 of 2023 registered for the offence punishable under Sections 272, 273 B.N.S., 30(a) and 41(1) of the Bihar Prohibition and Excise Act..
3. As per allegation in the FIR, there is recovery of total 70 liters of country made liquor near the Majhariya river.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next
Patna High Court CR. MISC. No.35062 of 2026(2) dt.21-05-2026 2/3 submits that nothing has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner is not present at the place of occurrence rather he has been identified by the local chowkidar. He further submits that petitioner is in judicial custody since 09.01.2026 having fourteen criminal antecedents.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated 01.04.2026, it appears that there is recovery of 70 liters of country made liquor near the Majhariya river and not from the conscious possession of the petitioner. Moreover there is no independent witness to the seizure list. Therefore, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Learned Exclusive Special Excise Judge Court No.1 East Champaran, Motihari in connection with Raghunathpur, P.S Case No. 624 of 2023 subject to condition that petitioner shall appear each and every date fixed by the trial Court till the
Patna High Court CR. MISC. No.35062 of 2026(2) dt.21-05-2026 3/3 conclusion of the trial and if the petitioner does not present any of the said date the trial Court may cancel the bail bonds of the petitioner.
(Ramesh Chand Malviya, J) Anand Kr U T