Shiva Sahni @ Shiv Kumar Sahni @ Shiva Kumar @ Shiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31607 of 2025 Arising Out of PS. Case No.-157 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Shiva Sahni @ Shiv Kumar Sahni @ Shiva Kumar @ Shiv Kumar Son of Bharat Sahni Village -Atarua, Ward No 12, PS -Bhagwanpur, Distt -Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Shankar Kumar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Bhagwanpur PS. Case No. 157C2 of 2021 dated 31.07.2021, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the allegation, 13 liters of illicit liquor recovered from the stall and hut belonging to the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged stall and hut do not belong to the petitioner and this case is filed only on the basis of
Patna High Court CR. MISC. No.31607 of 2025(2) dt.15-05-2025 2/3 the suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in two other cases in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Bhagwanpur P.S. Case No. 157C2 of 2021, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the
Patna High Court CR. MISC. No.31607 of 2025(2) dt.15-05-2025 3/3 disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) ajay/- U T