Teju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37523 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Teju Sahani Son of Gali Sahani Resident Of Village - Jagdishpur Malahi Tola, P.S.- Jagdishpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Paharpur P.S. Case No. 86 of 2025 instituted for the offences under Sections 30(a), 41, 52 of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, the police has recovered total 205 liters of illicit liquor from different places as mentioned in the F.I.R.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as 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 is not the owner of any of the hut/house from which

Patna High Court CR. MISC. No.37523 of 2025(2) dt.18-06-2025 2/2 the alleged country-made liquor has been recovered. The petitioner has no concern with the seized liquor. The petitioner has never indulged in any kind of trade of illicit liquor. 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 no criminal antecedent and is languishing in judicial custody since 24.02.2025 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 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail 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 Paharpur P.S. Case No. 86 of 2025. (Rudra Prakash Mishra, J) rishi/- U T